Education and Training Act 2020

1: Title
This Act is the Education and Training Act 2020.
2: Commencement
1: Sections 17 to 18C
2: Sections 90 134 138 to 146 164 165 174 Part 2
3: Sections 71 to 75 127(1)﻿(d) Schedule 20
4: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) replaced 1 August 2022 section 4 Education and Training Amendment Act 2022 Section 2(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Outline of Act
1: This Act, which sets out New Zealand’s education and training system (the system
2: This Part ( Part 1
a: the purposes of this Act:
b: the statement of national education and learning priorities:
c: the statement of expectations for agencies serving the system:
d: the strategies for tertiary education and international education:
e: Te Tiriti o Waitangi
f: the defined terms used in this Act:
g: the transitional and savings provisions needed for this Act:
h: the extent to which this Act binds the Crown.
3: Part 2
4: Part 3
5: Part 4
6: Part 5
7: Part 6 2018 No 4 s 4
4: Purpose of Act
The purpose of this Act is to establish and regulate an education system that—
a: provides New Zealanders and those studying in New Zealand with the skills, knowledge, and capabilities that they need to fully participate in the labour market, society, and their communities; and
b: supports their health, safety, and well-being; and
c: assures the quality of the education provided and the institutions and educators that provide and support it; and
d: honours Te Tiriti o Waitangi 1989 No 80 ss 145AAA 160 376 377 1992 No 55 s 1A
5: Minister may issue statement of national education and learning priorities
1: The Minister may, by notice in the Gazette
2: The notice may contain the statement in full or describe the statement in general terms and indicate where the full text can be obtained.
3: A statement issued under subsection (1)
a: must be consistent with the objectives set out in subsection (4)
b: must specify the date on which it takes effect; and
c: remains in effect for a period of 5 years unless earlier withdrawn or replaced by notice in the Gazette
d: must be published on an Internet site maintained by or on behalf of the Ministry.
4: The education and learning objectives for early childhood education, primary education, and secondary education are—
a: to help each child and young person attain their educational potential; and
b: to promote the development, in each child and young person, of the following abilities and attributes:
i: resilience, determination, confidence, and creative and critical thinking:
ii: good social skills and the ability to form good relationships:
iii: participation in community life and fulfilment of civic and social responsibilities:
iv: preparedness for work; and
c: to instil, in each child and young person, an appreciation of the importance of—
i: the inclusion of different groups and persons with different personal characteristics:
ii: diversity, cultural knowledge, identity, and the different official languages:
iii: Te Tiriti o Waitangi
5: Before issuing a statement, the Minister must comply with subsection (6)
6: The Minister must make reasonable efforts to consult—
a: children and young people; and
b: national bodies representing the interests of—
i: teachers:
ii: principals:
iii: governing bodies of schools:
iv: early childhood services:
v: parents:
vi: the disability community:
vii: support staff in schools and early childhood services:
viii: Māori education organisations:
ix: Pacific education organisations:
x: proprietors of State integrated schools; and
c: national bodies that have a particular role in respect of the character of designated character schools.
7: Minor changes to a statement issued under this section—
a: may be made without undertaking the consultation required by subsections (5) and (6)
b: do not, for the purposes of subsection (3)﻿(c)
8: A minor change under subsection (7)
9:
10: Except as provided in subsection (3)﻿(a) subsection (4) Part 2 3 1989 No 80 s 1A Section 5(9) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
6: Statement of expectations
1: The Minister and the Minister for Māori Crown Relations: Te Arawhiti may, for the purposes of providing equitable outcomes for all students, jointly issue a statement that sets out expectations for the following agencies:
a: the Ministry:
b: TEC:
c: NZQA:
d: the Education Review Office:
e: Education New Zealand.
2: The statement must specify what those agencies must do to give effect to public service objectives (set out in any enactment) that relate to Te Tiriti o Waitangi
3: Before issuing the statement, the Ministers must consult Māori.
4: The statement must be issued to each agency specified in the statement and published in the Gazette
5: Section 6(1) replaced 16 December 2021 section 4 Education and Training Amendment Act 2021 Section 6(5) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
7: Tertiary education strategy
1: The Minister must, by notice in the Gazette
a: long-term strategic direction for tertiary education, which must include—
i: economic goals:
ii: social goals:
iii: environmental goals:
iv: the development aspirations of Māori and other population groups; and
b: current and medium-term priorities for tertiary education.
2: The Minister may, by notice in the Gazette
3: Before issuing, withdrawing and replacing, or significantly amending the strategy, the Minister must consult—
a: the persons or bodies that the Minister thinks fit to consult in the circumstances; and
b: TEC.
4: An amendment forms part of the tertiary education strategy it amends.
5: A tertiary education strategy remains in place until it is withdrawn or replaced. 1989 No 80 ss 159AA 159AC
8: International education strategy
1: The Minister may issue an international education strategy that sets out—
a: the Government’s long-term strategic direction for international education; and
b: the Government’s current and medium-term priorities for international education.
2: Before issuing the Government’s international education strategy, the Minister must consult the organisations or people that, in the Minister’s opinion, have a substantial interest in international education and ought to be consulted. 1989 No 80 s 271
9: Te Tiriti o Waitangi
1: The main provisions of this Act that recognise and respect the Crown’s responsibility to give effect to Te Tiriti o Waitangi
a: section 4 Te Tiriti o Waitangi
b: section 5(4)﻿(c)﻿(iii) Te Tiriti o Waitangi
c: section 6 Ministry, TEC, NZQA, the Education Review Office, and Education New Zealand Te Tiriti o Waitangi
d: section 127(1)﻿(d) Te Tiriti o Waitangi
i: working to ensure that its plans, policies, and local curriculum reflect local tikanga Māori, mātauranga Māori, and te ao Māori; and
ii: taking all reasonable steps to make instruction available in tikanga Māori and te reo Māori; and
iii: achieving equitable outcomes for Māori students; and
e: subpart 6
f: subpart 3
g: clause 4(b) and (d) of Schedule 13 Te Pūkenga—New Zealand Institute of Skills and Technology Te Tiriti o Waitangi
2: Other provisions related to Te Tiriti o Waitangi
a: the definition of school community section 10(1)
b: section 17(2)﻿(a) grant approval to apply for an early childhood service
c: sections 278(2)﻿(a) 320(1)﻿(c) 325(1) and (3) 326(2) 363(3)﻿(b)
d: section 281(1)﻿(b) Te Tiriti o Waitangi
e: section 315(f) Te Pūkenga—New Zealand Institute of Skills and Technology
f: section 402 section 28(1)﻿(a)
g: section 476(4)﻿(b)﻿(v) Te Tiriti o Waitangi
ga: section 535B
gb: section 536A(1)
h: section 597(2)﻿(d) Section 9(1)﻿(c) amended 16 December 2021 section 14 Education and Training Amendment Act 2021 Section 9(1)﻿(g) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 9(2)﻿(b) amended 1 August 2022 section 5(1) Education and Training Amendment Act 2022 Section 9(2)﻿(e) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 9(2)﻿(ga) inserted 1 August 2022 section 5(2) Education and Training Amendment Act 2022 Section 9(2)﻿(gb) inserted 1 August 2022 section 5(2) Education and Training Amendment Act 2022
10: Interpretation
1: In this Act, unless the context otherwise requires,— academic year accreditation
a: an accreditation to provide an approved programme or part of a programme under section 441
b: an accreditation to provide an approved micro-credential under section 446A adult student affected student allowance applicable organisation applicable person applicable service sections 462(1) 463 464 465 622 624 apprentice apprenticeship training
a: is provided for a person who is working in an industry while undertaking training in that industry; and
b: is provided wholly or partly at the person’s workplace, mainly by or on behalf of the person’s employer; and
c: consists of a programme of study or training, or both, leading to a qualification in the skills of an industry that provides entry into an occupation in that industry; and
d: is facilitated by a person that receives funding from TEC apprenticeship training agreement apprenticeship training code section 378 approved micro-credential section 445 approved programme section 439 award
a: a certificate, diploma, degree, or other qualification listed on the Qualifications and Credentials
b: a certificate or other document granted in recognition of a student's achievement in and completion of a micro-credential
c: a certificate granted in recognition of a student's achievement in scholarship examinations as part of the student’s secondary education board member subpart 5 board of trustees board subpart 5
a: in relation to a State school, means the school's board:
b: in relation to a principal, means the board of the relevant State school:
c: if a commissioner has been appointed to act in place of a board, means the commissioner board staff
a: on the day, have taken up a permanent appointment to a position in the employment of the board, or a position (at a school administered by the board) in the employment of a body established under this Act or of the Secretary; or
b: during the period of 2 months ending with that day, have been continuously employed in that position capstone assessment chief executive of Oranga Tamariki Chief Referee section 219(1) Chief Review Officer closing date clause 10(b) code well-being and safety section 534 code administrator section 535A cohort entry policy section 64 combined board community of learning section 116 Competence Authority section 486 Complaints Assessment Committee section 486 composite school consensual methods contract of enrolment contributing school council
a: in relation to an institution other than Te Pūkenga—New Zealand Institute of Skills and Technology section 271
b: in relation to Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology’s section 320 Crown entity group section 136(1) deputy chief referee section 219(3) designated character school sections 204 205 Directory of Assessment and Skill Standards section 437 disciplinary body Disciplinary Tribunal section 486 distance school section 196 domestic student
a: a New Zealand citizen; or
b: the holder of a residence class visa granted under the Immigration Act 2009
c: a person of a class or description of persons required by the Minister, by notice, to be treated as if they are not international students ( see domestic tertiary student
a: who is—
i: a New Zealand citizen; or
ii: the holder of a residence class visa granted under the Immigration Act 2009 subsection (2)
iii: a person of a class or description of persons required by the Minister, by notice, to be treated as if they are not international students ( see
b: who is a tertiary student enrolled at an institution or a registered establishment DRS section 536 DRS operator organisation section 536(4) early childhood education and care centre
a: means premises that are used regularly for the education or care of 3 or more children (not being children of the persons providing the education or care or children enrolled at a school who are being provided with education or care before or after school) under the age of 6 years by day (or part of a day) but not for any continuous period of more than 7 days; and
b: despite paragraph (c)
i: are situated within premises of the kinds described in paragraph (c)﻿(i) to (x)
ii: are used regularly or principally for the education or care of 3 or more children under the age of 6 years who are children of—
A: staff who work within premises of the kinds described in paragraph (c)﻿(i) to (x)
B: persons attending those premises as residents or students; but
c: excludes premises of the following kinds:
i: registered schools:
ii: hostels:
iii: residences (within the meaning of section 2(1)
iv: institutions under the control of the Ministry of Health, Health New Zealand, or the Māori Health Authority:
v: hospital care institutions (within the meaning of section 58(4)
vi: children’s health camps operated by an organisation funded by a State service to provide an education service to children attending health camps:
vii: premises where all the children present are members of the same family in the care of a member of the family, or members of the same family in the care of a caregiver who is not acting for gain or reward:
viii: any premises, during any period of use for the education or care of 3 or more children under the age of 6 years, none of whom attends for any period exceeding 2 hours per day, in circumstances where the children's parents or caregivers are—
A: in close proximity to the children and are able to be contacted; and
B: able to resume responsibility for the children at short notice:
ix: any premises, during any period of use for the operation of a playgroup, licensed home-based education and care service, or licensed hospital-based education and care service:
x: any premises, during any period of use for the education or care of children for any period not exceeding 4 hours a week in circumstances where the children’s parents or caregivers are—
A: in close proximity to the children and are able to be contacted; and
B: able to resume responsibility for the children at short notice early childhood education and care service
a: a free kindergarten that is an early childhood service whose licence permits no child to attend for a period of more than 4 hours on any day; and
b: any other early childhood service that is declared to be an early childhood education and care service by regulations made under this Act early childhood service education with a special character educational outcome
a: a qualification listed on the Qualifications and Credentials Framework; or
b: an award that recognises the successful completion of a micro-credential; or
c: recognition for successfully meeting the learning outcomes of a standard listed on the Directory of Assessment and Skill Standards effective date election year employer
a: the board of a State school:
b: the managers of a private school:
c: the person or body that appoints staff at an early childhood education and care service:
d: the Secretary, in the Secretary’s capacity as an employer under section 614 employment agreement Employment Relations Act 2000 employment-based trainee teacher employment-based trainee teaching position section 615(1) enrol enrolment enrolled enrolment scheme equal employment opportunities programme excluded early childhood service
a: a kōhanga reo chartered to Te Kōhanga Reo National Trust Board:
b: an early childhood service that proposes to teach in te reo Māori at, or close to, full immersion:
c: an early childhood service that—
i: proposes to teach in te reo Māori for the majority of the time; and
ii: is affiliated to a body that is recognised by the Minister, by notice in the Gazette
d: an early childhood service that—
i: proposes to teach in te reo Māori for the majority of the time; and
ii: will be provided by, or associated with, an iwi or Māori organisation that is recognised by the Minister, by notice in the Gazette subsection (3A) financial product section 7 financial year
a: in relation to a school, means a year ending with 31 December:
b: in relation to any body, means a year ending,—
i: if the Minister has specified a day for the purpose, with that day; and
ii: with 30 June in every other case free kindergarten free kindergarten association Schedule 2A full primary school funding approval section 425 clause 4(d) governing member
a: any director:
b: any member occupying a position equivalent to that of a director:
c: if the establishment is a trust, any trustee:
d: if the establishment is a partnership, any partner:
e: any senior manager:
f: any shareholder with a controlling interest in the establishment government training establishment
a: a Crown entity (within the meaning of section 10(1)
b: a department (within the meaning of the Public Finance Act 1989
c: the New Zealand Defence Force; or
d: the New Zealand Police half-day home-based education and care service
a: means the provision of education or care, for gain or reward, to children who are under the age of 5 years, or who are aged 5 years but not enrolled at school, in—
i: the children’s own home; or
ii: the home of the person providing the education or care; or
iii: any other home nominated by a parent of the children; and
b: includes the provision of education or care to any child of the person providing the service who is—
i: under the age of 5 years; or
ii: aged 5 years but not enrolled at school hospital-based education and care service section 4(1) hostel household immediate caregiver
a: in relation to a student who usually lives in a household that includes the student's father or mother but not both, but also includes the spouse or partner of the father or mother, means the spouse or partner; and
b: in relation to a student who usually lives in a household that includes the student's father or mother and no spouse or partner of the father or mother, but also includes a person who has turned 20 years and has a day-to-day responsibility for the student clearly greater than that of any other person, means that person; and
c: in relation to a student who usually lives in a household that does not include the student's father or mother, means any member of the household who has turned 20 years and has a day-to-day responsibility for the student clearly greater than that of any other person independent trustee section 356 industry
a: the same or similar inputs and methods of production to produce the same or similar products; or
b: the same or similar methods to provide the same or similar services initial teacher education programme institution
a: Te Pūkenga—New Zealand Institute of Skills and Technology
b: a university:
c: a wānanga integration integrated integration agreement clause 5 intermediate school international student land Land Transfer Act 2017 lead provider Gazette clause 5 levy group licensed early childhood education and care centre section 636 licensed early childhood service section 636 licensed home-based education and care service section 636 licensed hospital-based education and care service section 636 listed skill standard and Skill lone board managers of a private school medical practitioner
a: is, or is treated as being, registered with the Medical Council of New Zealand continued by section 114(1)﻿(a)
b: holds a current practising certificate member of an industry micro-credential
a: leads to an award; but
b: does not, of itself, lead to an award of a qualification listed on the Qualifications and Credentials Framework Minister or part of this Act Ministry MSD Schedule 2 multiple timetable arrangement NCEA NZQA section 430 overcrowding parent
a: for the purposes of serving on a board of a State school (whether elected, appointed, or co-opted), the mother, father, guardian, or immediate caregiver of the individual:
b: for all other purposes, the mother, father, or guardian of the individual participating board
a: means the board of a State school; and
b: includes a commissioner appointed in place of a board; but
c: excludes a board of a State school or a commissioner if that party has been a participant but, with the Minister's approval, has withdrawn from, and is not for the time being a participant in, a school risk management scheme participating student
a: a secondary school:
b: a composite school:
c: a private school, other than a school registered only as a primary school:
d: a specialist school that is a relevant school partner spouse or partner payrolled school section 579 permanent member
a: is employed, on a full-time or part-time basis, for a period ending, unless sooner terminated, on the member’s resignation or retirement; or
b: has been employed, on a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for at least 3 months; or
c: has been employed, on a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for less than 3 months and whose employment is, in the opinion of the chief executive of the institution, likely to continue for at least 3 months from the date of commencement of that employment person dealing
a: means the other party to a transaction, if an act of a board is a transaction; and
b: includes a person who has acquired property, rights, or interests from a board personal property playgroup
a: no child attends for more than 4 hours on any day; and
b: more than half of the children attending on any occasion have a parent or caregiver present in the same play area at the same time; and
c: the total number of children attending on any occasion is not greater than 4 times the number of parents and caregivers present in the same play area at the same time practising certificate clause 10(2) or (6) prescribed prescribed quality assurance requirements section 452(1)﻿(i) primary education primary school principal section 119(1)﻿(c) private school section 214 private training establishment proceeding professional leader
a: the principal:
b: in the case of an early childhood service, the professional leader of the service:
c: in the case of any other educational institution, the chief executive or person occupying an equivalent position programme section 10(5)﻿(a) and Credentials property proprietor
a: has the primary responsibility for determining the special character of a private school or State integrated school and for supervising the maintenance of that special character; and
b: owns, holds in trust, or leases the land and buildings that constitute the premises of the private school or a State integrated school provider
a: means a person or body that is—
i: a registered school; or
ii: an institution; or
iii: a registered establishment; or
iv: an organisation that provides adult and community education that receives funding under section 425 428
b: has, for the purposes of Part 4 paragraph (a)
i: a government training establishment, a registered establishment, and a wānanga:
ii: a relevant school:
c: means, in relation to well-being and safety subpart 7
i: in respect of international students, a registered school, an institution, or a registered establishment; or
ii: in respect of domestic tertiary students, an institution or a registered establishment provider group Gazette clause 1 psychologist
a: is, or is treated as being, registered with the Psychologists Board continued by section 114(1)﻿(a)
b: holds a current practising certificate qualification and Credentials Qualifications and Credentials section 436 qualifying member clause 14 reasonably convenient school
a: whether the school is a single-sex or co-educational school:
b: whether the school is an ordinary State school, a Kura Kaupapa Māori, a designated character school, a State integrated school, or a specialist school:
c: whether the school is a primary, an intermediate, a secondary, or a composite school record of achievement refund period
a: in relation to a domestic student who, before 1 January 2015, is enrolled in a programme or part of a programme, or enrolled in a micro-credential or micro-credential
b: in relation to a domestic student who, on or after 1 January 2015, is enrolled in a programme or part of a programme, or enrolled in a micro-credential
i: the first day of the programme or micro-credential
ii: any other day that the establishment permits the student to begin attendance registered establishment subpart 5 registered school registration registered clause 8 regular teacher related entity relevant industry relevant school
a: a secondary school; or
b: a composite school; or
c: a private school, except a school registered as a primary school only; or
d: a specialist school relieving teacher review officer section 465 school community
a: the parents, families, and whānau of the school’s students; and
b: the Māori community associated with the school; and
c: any other person, or group of persons, who the board considers is part of the school community for the purposes of the relevant provision school risk management scheme section 576 seclude secondary component secondary education secondary school secondary–tertiary programme
a: consists of a secondary component and a tertiary component; and
b: is co-ordinated by a provider group or a lead provider in accordance with the provisions in Schedule 8 Secretary senior manager
a: the chief executive officer or person occupying an equivalent position; or
b: any member of staff in charge of academic issues, marketing, administration, finance, student fee trust funds, or student services serious criminal activity serious harm serious misconduct
a: that—
i: adversely affects, or is likely to adversely affect, the well-being or learning of 1 or more students; or
ii: reflects adversely on the teacher's fitness to be a teacher; or
iii: may bring the teaching profession into disrepute; and
b: that is of a character or severity that meets the Teaching Council’s criteria for reporting serious misconduct service provider
a: in relation to an early childhood education and care centre, the body, agency, or person who operates the centre:
b: in relation to a home-based education and care service, the body, agency, or person who provides, or offers to provide, that education or care:
c: in relation to a hospital-based education and care service, the body, agency, or person who provides that education or care:
d: in relation to a playgroup, the person or persons who operate the playgroup signatory provider section 531A(1) section 534(1)﻿(b) or (c) skill standard
a: means a specification of skills, the levels of performance in those skills, and the learning outcomes associated with those skills; and
b: in relation to any vocational education and training (or proposed vocational education and training), means a specification of some or all of the skills in which training is (or is proposed to be) received, the levels of performance in those skills intended to be attained by people receiving the training, and the learning outcomes associated with those skills solicited voluntary payment from parents
a: to be made or made by or on behalf of a parent, or parents, of any student, or students, likely to be enrolled or enrolled at a school administered by the board; and
b: a payment that the parent has, or that those parents have, no legal obligation to make; and
c: sought in any way (whether directly or indirectly) from the parent or those parents, by or on behalf of the board special education special institution
a: for the time being specified in Schedule 2
b: a distance school special programme Gazette
a: that provides—
i: special education; or
ii: Māori language immersion classes; or
iii: any other type of specialised education to overcome educational disadvantage; or
b: that is a programme—
i: that takes a significantly different approach in order to address particular student needs; and
ii: that would not be viable unless it could draw from a catchment area beyond the school's home zone; and
iii: to which entry is determined by an organisation or process that is independent of the school special service section 197 specialist school specified industries specified user
a: an education provider (as defined in clause 1
b: the Ministry; and
c: NZQA; and
d: TEC; and
e: any other agency or body declared by regulations made under section 649 State integrated school
a: offers education with a special character; and
b: has been established as a State integrated school under clause 5 State school student accommodation section 5B student claimant
a: is a domestic tertiary student or an international student enrolled by the provider or signatory provider; or
b: is a former domestic tertiary
c: intends to be, or is in the process of being, enrolled by the provider or signatory provider as a domestic tertiary student or an international student Te Aho Matua section 201 te kaitiaki o Te Aho Matua Te Pūkenga—New Zealand Institute of Skills and Technology section 314 Te Pūkenga—New Zealand Institute of Skills and Technology subsidiary teacher
a: a registered teacher; and
b: a former registered teacher; and
c: a person who holds a limited authority to teach; and
d: a person who formerly held a limited authority to teach Teaching Council section 474(1) teaching position
a: requires its holder to instruct students; or
b: is the professional leader, deputy professional leader (however described), or assistant principal of a school; or
c: is the professional leader of an early childhood service TEC section 401(1) tertiary component
a: is provided by any 1 or more of the following:
i: a board of a secondary school, a composite school, or a specialist school that is a relevant school:
ii: the managers of a private school, other than a school registered only as a primary school:
iii: a government training establishment:
iv: an institution:
v: a registered establishment; and
b: may include work experience (other than work experience obtained by a student under section 53 tertiary education organisation
a: a tertiary education provider:
b: a workforce development council:
c: an individual or body that—
i: provides tertiary education-related services; and
ii: is identified as a tertiary education organisation by the Minister by notice ( see tertiary education provider
a: an institution:
b: a registered establishment:
c: a government training establishment:
d: any other person or body that provides, or proposes to provide, tertiary education and that is funded through non-departmental output classes from Vote Education trainee
a: means an employee who has a training agreement; and
b: includes an apprentice training agreement university section 268(1) unsupervised access
a: a registered teacher or holder of a limited authority to teach:
b: an employee of the school or service on whom a satisfactory Police vet has been conducted within the last 3 years:
c: a parent of the student Vice-Chancellor Vice-Chancellors Committee section 311 vocational education and training
a: means education and training that lead to the achievement of industry-developed skill standards, qualifications, or other awards; and
b: includes work-based training walking distance
a: where there is no public transport that the person can conveniently use, means the distance (measured along the most direct route by public road, public footpath, or a combination of both) between the residence and the school; and
b: where in both directions there is public transport that the person can conveniently use, means the sum of the following distances (each measured along the most direct route by public road, public footpath, or a combination of both) or, where the distance is greater in one direction than the other, the greater distance:
i: the distance between the residence and the place where public transport must first be taken (or finally be left); and
ii: the distance between the school and the place where public transport must finally be left (or first be taken); and
iii: every intermediate distance between one element of public transport and another wānanga section 268(1) work-based training
a: by or on behalf of employers in that industry (or those industries); or
b: for the benefit of employers and employees in that industry (or those industries) workforce development council section 363
2: The Governor-General may, by Order in Council, make regulations prescribing criteria that the holder of a residence class visa granted under the Immigration Act 2009 paragraph (a)﻿(ii) subsection (1)
3: Regulations under subsection (2) must be confirmed by an Act ( see subpart 3
3A: The Minister may, by notice, set criteria relating to the recognition of bodies and iwi or Māori organisations for the purposes of paragraphs (c) and (d) of the definition of excluded early childhood service in subsection (1).
4: Despite the definition of immediate caregiver in subsection (1)
a: usually lives in a household that includes the student’s father and mother; or
b: usually spends approximately equal time in 2 or more households; or
c: does not usually live in a household.
5: For the purposes of subpart 2 section 456
a: a workforce development council is not an institution for the purposes of the following sections:
i: sections 439 to 444
ii: sections 446A 446B
iii: sections 449 to 451
b: an other body is not an institution for the purposes of sections 441 to 444
6: For the purposes of sections 563 to 572 agreement assets
a: any estate or interest in any land, including all rights of occupation of land or buildings:
b: all buildings, vehicles, plant, equipment, and machinery, and any rights in them:
c: all livestock, products from livestock, and crops:
d: all financial products within the meaning of the Financial Markets Conduct Act 2013:
e: all rights of any kind, including rights under Acts, deeds, agreements, or licences, planning rights, water rights, and clean air licences, and all applications for and objections against applications for those rights:
f: all patents, trade marks, designs, copyright, and other intellectual property rights whether enforceable by Act or rule of law:
g: goodwill, and any business undertaking:
h: all natural gas, petroleum, and other hydrocarbons institution liabilities
a: liabilities and obligations under any Act or agreement; and
b: deposits and other debt securities within the meaning of the Financial Markets Conduct Act 2013
c: contingent liabilities rights transfer
a: to assign and convey; and
b: to vest by Order in Council; and
c: to confer estates in fee simple of land held by the Crown; and
d: to grant leases, rights, and interests in any real or personal property; and
e: in the case of liabilities, the assumption of the liabilities by an institution.
7: For the purposes of subparts 3 4 education service
a: service in the employment of—
i: a State school; or
ii: an institution; or
iii: any other place of education for which a separate employer for the purposes of this Act is designated by any enactment or by the Minister:
b: service as a registered teacher in the employment of any free kindergarten association that controls a free kindergarten:
c: service as a teacher in the employment of the Secretary under section 614 employer
a: in relation to a State school, means the board:
b: in relation to a free kindergarten, means the free kindergarten association by which that free kindergarten is controlled:
c: in relation to an institution, means the chief executive of the institution:
d: in relation to any other place of education in the education service, means—
i: the person or body designated by an enactment as the employer for the purposes of this Act in respect of the place of education; and
ii: in the absence of a person or body designated by an enactment, means a person or body designated for that purpose by the Minister:
e: in relation to a person employed as a teacher under section 614
8: For the purposes of sections 653 to 659 education entity
a: a registered school:
b: a service provider:
c: a hostel:
d: a private training establishment:
e: an institution:
f: an educational body educational body
a: means a body corporate that is recognised by the Minister as a body that provides any educational or developmental service or facility; and
b: includes a tertiary education organisation governing body instruction
9: Unless the context otherwise requires,—
a: every reference in Schedule 6
b: every reference elsewhere in this Act and in any other enactment or document to—
i: a State primary school is to be treated as including a State integrated school that is a primary school:
ii: a State secondary school is to be treated as including a State integrated school that is a secondary school:
iii: a State school is to be treated as including a reference to a State integrated school.
10: The Governor-General may, by Order in Council, amend Schedule 2
a: adding the name of a State school to it; or
b: omitting the name of a State school from it; or
c: substituting for the name of a State school any different name if that school has changed its name
10A: The Governor-General may, by Order in Council, amend Schedule 2A
a: adding the name of an organisation if the organisation has been formed from the restructuring of an organisation that is specified in Schedule 2A Schedule 2A
b: omitting the name of an organisation if the organisation has ceased to exist or ceased to operate a free kindergarten; or
c: substituting for the name of an organisation any different name if that organisation has changed its name.
11: The following are secondary legislation ( see Part 3
a: a notice under paragraph (c) of the definition of domestic student in subsection (1):
b: a notice under paragraph (a)﻿(iii) of the definition of domestic tertiary student in subsection (1):
c: a notice under paragraph (c)﻿(ii) of the definition of tertiary education organisation in subsection (1), unless it applies only to 1 or more named individuals or bodies:
d: regulations under subsection (2):
e: an order under subsection (10):
f: an order under subsection (10A).
12: If a notice under paragraph (c)﻿(ii) of the definition of tertiary education organisation in subsection (1) is not secondary legislation, the Minister must give the notice to—
a: the TEC; and
b: the individuals or bodies named in the notice.
13: A notice under subsection (3A) is secondary legislation ( see Part 3 1964 No 135 s 2 1989 No 80 ss 2 11B 60 91A 92 139AC 145 159 159B 164A 216 232 234C 238D 239 246 302 309 320 323 342 348 378 414 476B 492 Schedule 6 1992 No 55 ss 2 25 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation referred to in subsection (11) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation referred to in subsection (13) Publication The maker must publish it on an Internet site maintained by, or on behalf of, the Ministry LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 10(1) accreditation replaced 1 August 2022 section 6(2) Education and Training Amendment Act 2022 Section 10(1) approved micro-credential inserted 1 August 2022 section 6(1) Education and Training Amendment Act 2022 Section 10(1) approved training scheme repealed 1 August 2022 section 6(3) Education and Training Amendment Act 2022 Section 10(1) award amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) award amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) code amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) code administrator amended 1 August 2022 section 6(4) Education and Training Amendment Act 2022 Section 10(1) consensual methods inserted 1 August 2022 section 6(1) Education and Training Amendment Act 2022 Section 10(1) council amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 10(1) council amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 10(1) Directory of Assessment Standards repealed 1 August 2022 section 6(5) Education and Training Amendment Act 2022 Section 10(1) Directory of Assessment and Skill Standards inserted 1 August 2022 section 6(5) Education and Training Amendment Act 2022 Section 10(1) domestic student replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10(1) domestic tertiary student replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10(1) DRS operator amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) early childhood education and care centre replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 10(1) educational outcome replaced 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) excluded early childhood service inserted 1 August 2022 section 6(1) Education and Training Amendment Act 2022 Section 10(1) free kindergarten association inserted 1 August 2022 section 6(1) Education and Training Amendment Act 2022 Section 10(1) institution amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 10(1) listed skill standard amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) micro-credential inserted 1 August 2022 section 6(1) Education and Training Amendment Act 2022 Section 10(1) Minister amended 1 August 2022 section 6(6) Education and Training Amendment Act 2022 Section 10(1) New Zealand Institute of Skills and Technology or NZIST repealed 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 10(1) NZIST subsidiary repealed 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 10(1) programme amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) provider amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) qualification amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) Qualifications and Credentials Framework Qualifications Framework amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) refund period amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) refund period amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) refund period amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) signatory provider replaced 1 August 2022 section 6(7) Education and Training Amendment Act 2022 Section 10(1) skill standard replaced 1 August 2022 section 6(8) Education and Training Amendment Act 2022 Section 10(1) specified user amended 1 August 2022 section 6(9) Education and Training Amendment Act 2022 Section 10(1) student claimant amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 10(1) teaching position amended 1 August 2022 section 6(10) Education and Training Amendment Act 2022 Section 10(1) Te Pūkenga—New Zealand Institute of Skills and Technology inserted 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 10(1) Te Pūkenga—New Zealand Institute of Skills and Technology subsidiary inserted 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 10(1) tertiary education organisation amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10(1) training package repealed 1 August 2022 section 6(11) Education and Training Amendment Act 2022 Section 10(1) training scheme repealed 1 August 2022 section 6(12) Education and Training Amendment Act 2022 Section 10(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10(3A) inserted 1 August 2022 section 6(13) Education and Training Amendment Act 2022 Section 10(5) replaced 1 August 2022 section 6(14) Education and Training Amendment Act 2022 Section 10(10)﻿(c) amended 1 August 2022 section 6(15) Education and Training Amendment Act 2022 Section 10(10A) inserted 1 August 2022 section 6(16) Education and Training Amendment Act 2022 Section 10(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10(11)﻿(f) inserted 1 August 2022 section 6(17) Education and Training Amendment Act 2022 Section 10(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10(13) inserted 1 August 2022 section 6(18) Education and Training Amendment Act 2022
11: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 1989 No 80 s 2A
12: Act binds the Crown
This Act binds the Crown. 1989 No 80 s 415 1992 No 55 s 4 2018 No 32 s 12
2: Early childhood education
13: Outline of Part 2
1: This Part, which concerns the regulation of early childhood education, is divided into 3 subparts.
2: Subpart 1
3: Subpart 2
4: Subpart 3 1989 No 80 s 308
14: Purpose of Part 2
The purpose of this Part is to regulate an early childhood education system where all children are able to participate and receive a strong foundation for learning, positive well-being, and life outcomes by—
a: setting standards to support quality provision and learning; and
b: supporting the health, safety, and well-being of children; and
c: enabling parental choice by providing for licensing and funding of different types of provision.
1: Licensing and certification
15: Service providers operating early childhood education and care centres must be licensed
1: A service provider who operates an early childhood education and care centre must be licensed in accordance with regulations made under section 636
2: A licensed early childhood education and care centre may be operated within the premises of a registered school, and its status as an early childhood education and care centre is not affected by the fact of its being operated within those premises. 1989 No 80 ss 310(4) 315(1)
16: Certain other service providers may be licensed
A service provider who provides a home-based education and care service or a hospital-based education and care service may, but need not, be licensed in accordance with regulations made under section 636 1989 No 80 s 316
17: Ministerial approval required to apply for licence
1: Despite sections 15 16 applicant
2: The Minister may grant approval but, before doing so, must take into account—
a: a high-level assessment of the relevant attributes of the area to be served, including (without limitation) the demography of the area, the needs of the communities in the area, the needs of the children in the area, and the availability of licensed early childhood services in the area with different offerings (for example, the provision of te reo Māori); and
b: any statement issued under section 17D
c: the suitability of the applicant and of every individual involved in the governance of the proposed service, which, as a minimum, requires the Minister to consider and determine whether each individual is a fit and proper person (including by considering the Secretary’s assessment provided under section 18(4)
d: the applicant’s financial position (including by considering the Secretary’s assessment provided under section 18A(3)
e: the licensing history of—
i: any other early childhood service previously or currently owned, operated, or managed by, or otherwise connected with, the applicant; and
ii: every individual involved in the governance of the proposed service; and
f: the applicant’s capability to effectively establish and provide the service to which the application relates; and
g: any other matter that the Minister considers is relevant to the application.
3: If the Minister considers information referred to in subsection (2) is insufficient to decide whether to grant approval, the Minister may—
a: ask the applicant to supply more information:
b: ask an individual or entity other than the applicant to supply any information that the Minister considers relevant to the application.
4: In deciding whether to grant approval, the Minister—
a: may consider the application at the same time as any other application for approval to apply for a licence, regardless of the date on which the applications were received:
b: is not required to defer a decision on the application solely because another applicant for approval to apply for a licence has appealed under section 18C
5: An individual or entity may not apply for a licence without the Minister’s approval.
6: Approval to apply for a licence is irrelevant to the granting of a licence (as a licence may only be granted in accordance with regulations made under section 636
7: If the Minister grants approval to an applicant,—
a: the applicant must inform the Secretary of any change in circumstances that may have materially affected the Minister’s decision to grant the approval:
b: that approval cannot be transferred to another individual or entity.
8: This section and sections 17A to 18C Section 17 replaced 1 August 2022 section 7 Education and Training Amendment Act 2022
17A: Conditions on approval to apply for licence
1: When granting an approval to apply for a licence to operate a licensed early childhood service, the Minister may impose conditions on the approval as the Minister thinks fit, including conditions—
a: relating to the nature, capacity, or location of the proposed service; and
b: that require the applicant to—
i: meet milestones set by the Minister:
ii: provide regular progress reports to the Ministry.
2: The Minister may, at any time,—
a: impose new conditions on the approval; or
b: amend or revoke any existing conditions.
3: However, before imposing, amending, or revoking a condition under subsection (2), the Minister must—
a: take reasonable steps to notify the applicant of the Minister’s intention to make that decision; and
b: if the applicant provides a response to the notification within a reasonable time, take into account that response.
4: When a condition is imposed, the Minister may specify a date by which the applicant must satisfy the condition. Section 17A inserted 1 August 2022 section 8 Education and Training Amendment Act 2022
17B: Expiry of approval to apply for licence
1: When granting an approval to apply for a licence to operate a licensed early childhood service, the Minister must specify an expiry date for the approval that is no more than 3 years after the date on which the approval is granted.
2: However, the Minister may, at any time before an expiry date,—
a: extend the expiry date to a date that is no more than 3 years after the date on which approval is granted; or
b: if the Minister considers that there are exceptional circumstances that make an extension beyond the maximum period under paragraph (a) desirable, extend the expiry date to a date that is no more than 5 years after the date on which approval is granted.
3: For the purposes of subsection (2)﻿(b), exceptional circumstances Section 17B inserted 1 August 2022 section 8 Education and Training Amendment Act 2022
17C: Revocation of approval to apply for licence
1: The Minister may revoke an approval to apply for a licence to operate a licensed early childhood service if the Minister is satisfied that 1 or more of the following grounds apply:
a: the individual or entity granted the approval is not complying, or has not complied, with 1 or more of the conditions of approval imposed under section 17A
b: a significant change has occurred in the circumstances relating to the proposed licensed early childhood service that is likely to have materially affected the Minister’s decision to grant the approval:
c: the individual or entity granted the approval has provided false or misleading information in their application.
2: Before revoking an approval under subsection (1), the Minister must—
a: take all reasonable steps to give the individual or entity granted the approval written notice—
i: of the Minister’s intention to revoke the approval; and
ii: that the individual or entity may respond in writing to the Minister addressing reasons why the approval should not be revoked; and
b: if the individual or entity provides a response within a reasonable time, take that response into account. Section 17C inserted 1 August 2022 section 8 Education and Training Amendment Act 2022
17D: Minister may issue statements relating to network of licensed early childhood services
1: The Minister may, for the purpose of providing potential applicants for approval under section 17
a: the Government’s strategic priorities for the establishment of licensed early childhood services; and
b: information about the supply, forecast growth, demand, and need for licensed early childhood services; and
c: any other information that the Minister considers relevant to applications for approval under section 17
2: If a proposed statement relates to the Government’s strategic priorities referred to in subsection (1)﻿(a), the Minister must consult the licensed early childhood services sector and Māori before issuing the statement.
3: A statement must be published in the Gazette Section 17D inserted 1 August 2022 section 8 Education and Training Amendment Act 2022
18: Secretary to assess whether applicants for approval to apply for licences are fit and proper
1: For every application under section 17
2: In making an assessment under subsection (1), the Secretary must take into account whether each individual—
a: has had a satisfactory Police vet for the purposes of the application:
b: has been convicted of an offence that the Secretary considers is relevant to providing an early childhood service (for example, an offence involving harm to children, violence, or fraud):
c: has been involved in or associated with an organisation that has been convicted of an offence that the Secretary considers is relevant to providing an early childhood service:
d: has any health conditions that may affect the individual’s ability to comply with this Act and with regulations made under section 636
e: is, or has been, subject to a property order or personal order under the Protection of Personal and Property Rights Act 1988
f: owes, or has owed, money to the Crown, including in respect of bodies that the individual has been involved in managing:
g: has been adjudicated bankrupt under the Insolvency Act 2006 Insolvency Act 1967
h: has been prohibited from being a director or promoter of, or being concerned or taking part in the management of,—
i: a company under the Companies Act 1993
ii: any other body corporate:
i: has, or has had, any role as a governing member of an entity or organisation that became insolvent, including being placed in liquidation, receivership, or voluntary administration:
j: is, or has been, subject to any prohibition against acting as an employer or an officer of an employer under the Employment Relations Act 2000
k: has had previous involvement in an early childhood service in respect of which—
i: an application for a licence was refused; or
ii: a licence was suspended or cancelled:
l: meets any other criteria that the Secretary considers relevant.
3: In making an assessment under subsection (1), the Secretary may give the weight that the Secretary thinks fit to each of the criteria in subsection (2), having regard to the degree and nature of the individual’s involvement in the proposed service.
4: Once an assessment is finalised, the Secretary must provide the assessment to the Minister to inform the Minister’s consideration under section 17(2)﻿(c)
5: However, if the Secretary intends to provide an assessment to the Minister that reflects adversely on the application, the Secretary must, before finalising and providing the assessment to the Minister, follow the process set out in section 18B Section 18 replaced 1 August 2022 section 9 Education and Training Amendment Act 2022
18A: Secretary to assess financial viability of proposed early childhood service
1: For every application under section 17
2: In making the assessment, the Secretary may consider whether the applicant has access to, or has a credible plan to obtain access to, sufficient resources to effectively establish and provide the service.
3: Once an assessment is finalised, the Secretary must provide the assessment to the Minister to inform the Minister’s consideration under section 17(2)﻿(d)
4: However, if the Secretary intends to provide an assessment to the Minister that reflects adversely on the application, the Secretary must, before finalising and providing the assessment to the Minister, follow the process set out in section 18B Section 18A inserted 1 August 2022 section 10 Education and Training Amendment Act 2022
18B: Notification of adverse assessment
1: This section applies to—
a: an assessment of whether an individual is a fit and proper person to be granted approval to which section 18(5)
b: an assessment of financial viability to which section 18A(4)
2: Before finalising an assessment and providing it to the Minister, the Secretary must—
a: notify the applicant in writing of the findings of the assessment; and
b: give the applicant an opportunity to respond.
3: The Secretary may only finalise an assessment and provide it to the Minister under section 18(4) 18A(3)
a: considering the applicant’s response; or
b: if the applicant does not respond, the elapse of 21 days after the applicant received written notice of the assessment.
4: The Secretary must notify the applicant in writing of the findings of the final assessment that is provided to the Minister, including any changes made as a result of the applicant’s response. Section 18B inserted 1 August 2022 section 10 Education and Training Amendment Act 2022
18C: Appeal against adverse assessment
1: An applicant who is the subject of a final assessment by the Secretary that is provided to the Minister under section 18(4) 18A(3)
2: An appeal under this section must be made within 14 days after the applicant receives written notice of the findings of a final assessment.
3: Despite an appeal being made under this section in relation to an assessment, the Minister may make a decision under section 17 Section 18C inserted 1 August 2022 section 10 Education and Training Amendment Act 2022
19: Requirements for licensed home-based education and care service
1: A licensed home-based education and care service may be provided to no more than 4 children per home.
2: While children are participating in the service, the total number of children present in a home in which the service is provided (including those receiving the service) may not be more than 6.
3: In this section,— children educator
a: provides education and care and comfort directly to children in the person’s care; and
b: attends to the health and safety of those children. 1989 No 80 s 317A
20: Playgroups may be certified
A service provider who operates a playgroup may, but need not, apply for a certificate issued under regulations made under section 637 1989 No 80 s 318
21: Application of Legislation Act 2019 to certain material incorporated by reference
1: This section applies if section 64 section 636(2)﻿(b) 637(2)﻿(b)
2: Despite section 65 Schedule 2 Section 21 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
22: Records
The service provider of a licensed early childhood service must keep, and make available to the Secretary on request,—
a: a register of the children who attend or have attended the service, specifying the date of birth of each; and
b: a record of the attendance of children at the service; and
c: a record of all fees and other charges paid in respect of children's attendance at the service; and
d: evidence that parents of children attending the service have regularly examined the attendance record; and
e: any other records that are necessary to enable the service’s performance to be monitored adequately. 1989 No 80 s 313
2: Administration
23: Curriculum frameworks
1: The Minister may prescribe or change a curriculum framework for—
a: licensed early childhood services:
b: certified playgroups.
2: The Minister may prescribe or change a curriculum framework only if the Minister has consulted with organisations that the Minister considers represent those likely to be substantially affected by the framework or change.
3:
4: The curriculum framework
a: different commencement dates for different provisions of the curriculum framework or for different purposes; and
b: a transitional period during which service providers may elect to comply with another specified curriculum requirement.
5: A service provider must implement any applicable curriculum framework in accordance with any regulations made under section 636 637
6: A curriculum framework under this section is secondary legislation ( see Part 3 1989 No 80 s 314 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	notify it in the Gazette Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 23(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 23(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24: Prohibition on corporal punishment and seclusion in early childhood services
1: A person must not—
a: use force, by way of correction or punishment, toward a child enrolled at or attending an early childhood service; or
b: seclude a child enrolled at or attending an early childhood service.
2: In this section, person
a: is employed or engaged by a service provider of an early childhood service; or
b: is supervising or controlling a child on behalf of a service provider of an early childhood service; or
c: owns, manages, or controls an early childhood service. 1989 No 80 ss 139A 139AB
25: Police vetting in respect of early childhood services
A service provider of a licensed early childhood service must obtain Police vets of non-teaching and unregistered employees, contractors, and other adults in accordance with Schedule 4
26: Kindergarten attendance fees
1: Fees may be charged in respect of the attendance of any child at any kindergarten (whether or not it is known or described as a free kindergarten).
2: Subsection (1)
a: any enactment or rule of law; or
b: anything in the constitution of any body corporate. 1989 No 80 s 319I
27: Parent’s right of entry
The parent of a child has a right to enter the premises of a licensed early childhood education and care centre or a licensed home-based education and care service when the child is there unless the parent—
a: is required to comply with—
i: a court order that prohibits access to, or contact with, the child (either generally or when attending the centre or service); or
ii: a warning under section 4
b: is suffering from a contagious or infectious disease likely to have a detrimental effect on the children if passed on to them; or
c: is, in the opinion of a person responsible for the operation of the centre or service,—
i: under the influence of alcohol or any other substance that has a detrimental effect on the functioning or behaviour of the person; or
ii: exhibiting behaviour that is, or is likely to be, disruptive to the effective operation of the centre or service. 1989 No 80 s 319A
3: Offences
28: Service providers must be licensed
1: Every service provider who operates an early childhood education and care centre commits an offence if the service provider—
a: operates the centre without holding a current licence to operate the centre; or
b: ceases to operate a centre for which it holds a current licence to operate the centre, in circumstances other than an emergency, without first telling the Secretary that it intends to stop operating the centre; or
c: ceases to operate the centre for which it holds a current licence to operate the centre, in circumstances involving an emergency, and fails to tell the Secretary as soon as practicable after the closure.
2: A person who commits an offence against subsection (1)
a: in the case of an offence against subsection (1)﻿(a)
b: in the case of an offence against subsection (1)﻿(b) or (c) 1989 No 80 s 315(2), (3)
29: Offence relating to obstruction of right of entry
A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, who obstructs, hinders, resists, or deceives any person exercising or attempting to exercise a right of entry conferred by section 27 1989 No 80 s 319H
30: Offence of insulting, abusing, or intimidating teacher or staff
A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, who intentionally insults, abuses, or intimidates a teacher or staff member of an early childhood education and care centre—
a: within the presence or hearing of any child at the centre; and
b: while on centre premises or in any other place where children are assembled for purposes associated with the centre. 1989 No 80 s 319G
3: Primary and secondary education
31: Outline of Part 3
1: This Part, which concerns primary and secondary education, is divided into 11 subparts.
2: Subpart 1
3: Subpart 2
4: Subpart 3
5: Subpart 4
6: Subpart 5
7: Subpart 6
8: Subpart 7
9: Subpart 8
10: Subpart 9
11: Subpart 10
12: Subpart 11 1989 No 80 s 308
32: Purpose of Part 3
The purpose of this Part is to establish a schooling system that supports all learners/ākonga to gain the skills and knowledge they need to be lifelong learners/ākonga and fully participate in the labour market, society, and their communities by—
a: ensuring that all children and young people are present in the schooling system to be able to exercise their right to an education, including setting up fair and consistent processes when students are excluded from the system that aim to return them to education as soon as possible; and
b: supporting the health, safety, and well-being of students; and
c: providing for what is to be taught in schools; and
d: establishing governing bodies for State and State integrated schools, and providing for their elections, duties, powers, administration, and accountabilities; and
e: establishing and managing a network of State schools that allows every student to access quality schooling and provides choice about the types of education they receive; and
f: regulating the teaching profession to ensure the quality of teaching in the schooling system, including (without limitation) setting standards for the registration of teachers; and
g: providing for the efficient and effective administration of the schooling system; and
h: honouring Te Tiriti o Waitangi
i: reflecting and integrating te reo Māori, tikanga Māori, mātauranga Māori, and te ao Māori in the schooling system.
1: Priorities, rights, and responsibilities
33: Right to free enrolment and free education at State schools (including entitlement to attend full-time)
1: Except as provided in this Part, every domestic student is entitled to free enrolment and free education at any State school during the period beginning on the student's fifth birthday and ending on 1 January after the student's 19th birthday.
2: This right includes the entitlement to attend the school at which the student is enrolled during all the hours that the school is open for instruction. 1989 No 80 s 3
34: Students with special educational needs have same rights to education at State schools as others
1: Except as provided in this Part, students who have special educational needs (whether because of disability or otherwise) have the same rights to enrol, attend, and receive education at State schools as students who do not.
2: This section does not limit or affect subpart 2 1989 No 80 s 8
35: Domestic students aged between 6 and 16 years must be enrolled at registered school
1: Every domestic student must, during the period beginning on the student’s sixth birthday and ending on the student’s 16th birthday, be enrolled at a registered school.
2: Before a domestic student’s seventh birthday, the student is not required to be enrolled at a school more than 3 kilometres walking distance from the student’s residence.
3: Subsections (1) and (2) 1989 No 80 s 20
36: Students of registered schools required to attend whenever schools are open
1: Except as provided in this Act, a student is required to attend a registered school whenever it is open if the student—
a: is required to be enrolled at a registered school:
b: is aged 5 years and is enrolled at a registered school.
2: A board must take all reasonable steps to ensure that the school’s students attend the school when it is open.
3: For the purposes of this section, a student attends a school on any day if, on the day,—
a: it has been open for instruction for 4 hours or more; and
b: the student has been present for 4 hours or more when it was open for instruction. 1989 No 80 s 25(1)-(3)
37: Special education
1: If satisfied that a student under the age of 21 years should have special education, the Secretary must—
a: agree with the student’s parent that the student should be enrolled, or direct the parent to enrol the student, at a particular State school or specialist school; or
b: agree with the student’s parent that the student should have, or direct the parent to ensure that the student has, education or help from a special service.
2: If an agreement is reached or a direction is given under subsection (1)
3: Subsection (1) subpart 2
4: Subject to section 47(4) subsection (1) section 243(1)
5: A student may not be or continue to be enrolled at a specialist school, or have or continue to have education or help from a special service, except under an agreement or direction given under subsection (1)
6: Despite sections 62 67
a: a student under the age of 5 years may be or continue to be enrolled at a primary school or below year 9 at a composite school; and
b: a student under the age of 21 years who turned 14 years in any year may, in any later year, be or continue to be enrolled at a primary school or below year 9 at a composite school; and
c: a student under the age of 21 years may be or continue to be enrolled at a secondary school or above year 8 at a composite school if, in the Secretary’s opinion, the student has made insufficient progress in terms of any curriculum statement for year 8 made under section 90
d: a student under the age of 21 years may be or continue to be enrolled at a secondary school or above year 8 at a composite school, on or after 1 January after the student's 19th birthday, under an agreement or direction under subsection (1) 1989 No 80 s 9 Section 37(6)﻿(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021
38: Long-term exemptions from enrolment
1: An employee of the Ministry designated by the Secretary for the purpose (a designated officer section 35
a: is to be taught at least as regularly and well as in a registered school; or
b: is to be taught at least as regularly and well as in a specialist school or a special service (if the student would otherwise be likely to need special education).
2: If a designated officer refuses to grant a certificate under subsection (1)
3: The Secretary’s decision is final.
4: An exemption certificate granted under this section must state why it was granted.
5: The Secretary may revoke an exemption certificate, but only if the Secretary—
a: has made reasonable efforts to get all of the relevant information; and
b: has considered a report on the matter from the Chief Review Officer; and
c: is not satisfied under subsection (1)
6: If the Secretary thinks any student to whom an exemption certificate applies would be better off if receiving special education, the Secretary may revoke the certificate and issue a direction under section 37
7: An exemption certificate expires when the person to whom it applies turns 16 years or enrols at a registered school, whichever occurs first.
8: A certificate continues in force until it is revoked or expires. 1989 No 80 s 21
39: Exemption from enrolment of student who has turned 15
1: The Secretary may, on application by a parent of a student who has turned 15 years, grant the parent a certificate that exempts the student from the requirements of section 35
a: the student’s educational problems; and
b: the student's conduct; and
c: the benefit (if any) the student is likely to get from attending another available school.
2: However, the Secretary may not exempt any student who—
a: has made insufficient progress in terms of any curriculum statement for year 8 made under section 90
b: has not enrolled for a year level above year 8.
3: The Secretary must tell the chief executive of Oranga Tamariki the name and address and any other available contact details of every student exempted under subsection (1)
4: If satisfied that it is in the best interests of any student to do so, the Secretary may revoke the student’s certificate granted under subsection (1) 1989 No 80 s 22 Section 39(2)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021
40: Effect of exemption under section 38 or 39
While an exemption certificate granted under section 38 39
a: the exempted student does not have to be enrolled at any school; and
b: no person has to have the exempted student enrolled at any school. 1989 No 80 s 23
41: Exemption of person placed in residence or programme under Oranga Tamariki Act 1989
1: The Secretary may, on an application from the chief executive of Oranga Tamariki, grant a certificate to the chief executive of Oranga Tamariki that exempts a student from the requirements of section 35 subsection (2)
2: The requirements are that the student—
a: has been placed—
i: in a residence established under section 364
ii: in a residential programme instituted by, and operated under contract with, the chief executive of Oranga Tamariki and the student would otherwise be in a residence established under section 364
b: is to receive education services that are appropriate to the student’s needs.
3: The Secretary may revoke a certificate granted under subsection (1)
a: on notification by the chief executive that the student exempted has been released from a residence other than for a temporary period; or
b: if the Secretary is no longer satisfied that the student exempted meets the requirements of subsection (2)
c: at the request of the chief executive of Oranga Tamariki and if satisfied that an exemption from the requirements of section 35
4: A certificate granted under subsection (1) 1989 No 80 s 22A
42: Exceptions to attendance because of well-being or transitional plan
1: Despite section 36
2: A full-time caregiver of the student may act as a parent under subsection (1)
3: Despite section 36
4: A student subject to a plan agreed under subsection (1) or (3)
5: A plan agreed under subsection (1)
a: the parent initiates the request for the renewal or extension; and
b: the parent, the principal, and the Secretary agree that the renewal or extension is in the best interests of the student.
6: The medical practitioner or psychologist requirement specified under subsection (1) subsection (5)
7: A plan agreed under subsection (3) 1989 No 80 s 25(3A)
43: Exceptions to attendance because of secondary–tertiary programmes and multiple timetable arrangements
1: Section 36 clause 9
2: Section 36
3: A board 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. 1989 No 80 s 25(4)–(7)
44: Exemption from attendance because of walking distance to school or some other reason
1: Despite section 36
a: the student is under the age of 10 years and the walking distance between the student's residence and the school is more than 3 kilometres; or
b: the walking distance between the student’s residence and the school is more than 5 kilometres; or
c: it is sensible to exempt the student for some other reason.
2: The parent of a student exempted under subsection (1) section 35
3: A certificate granted under subsection (1)
a: the grounds on which it was granted; and
b: the day on which it expires.
4: A certificate granted under subsection (1)﻿(a) or (b)
5: A certificate granted under subsection (1)﻿(c)
6: When a certificate granted under subsection (1)
7: The Secretary may cancel a certificate issued under subsection (1) 1989 No 80 s 26
45: Exemption of student from attendance for period of no more than 5 days
1: Despite section 36
2: In the absence of evidence to the contrary, a certificate from the principal stating that a student was absent from school for any period and that the principal is not satisfied that the absence was justified is sufficient proof that the student was absent for that period without being exempted under subsection (1)
3: For the purposes of this section, judicial notice must be taken of the appointment and signature of the principal. 1989 No 80 s 27
46: Secretary may require enrolment of certain children at distance school
1: The Secretary may, by notice in writing, require the parent of a student who holds an exemption certificate issued under section 44 section 82(1)
a: enrol the student at a distance school specified in the notice; and
b: ensure that the student does the work of the course in which the student is enrolled.
2: Enrolment must,—
a: for a student exempted under section 44(1)﻿(b)
b: in any other case, be until the student turns 16 years or any shorter period specified in the notice. 1989 No 80 s 28
47: Reconsideration of special education enrolment or services
1: A parent of a student may, by a request made in accordance with this section, require reconsideration of—
a: a direction under section 37(1)
b: if the student is a domestic student, the Secretary's refusal to come to an agreement under that subsection relating to the student.
2: A request must be made to the Secretary in writing within 1 month after the direction or refusal concerned.
3: If a request is made in relation to a direction given by the Secretary,—
a: the direction does not take effect—
i: until the Secretary has reconsidered and confirmed it; or
ii: where a request is made under subsection (4)﻿(c)
b: an offence is not committed under section 37(4)
4: If a request is made, the following provisions apply:
a: if the request relates to a direction, the Secretary must reconsider it and then—
i: confirm it, or cancel it and issue another, or cancel it and refuse to issue another, as seems appropriate; and
ii: notify the parent concerned in writing of the result of the reconsideration and the reasons for it:
b: if the request relates to a refusal, the Secretary must reconsider whether or not the matter concerned should be agreed, and then—
i: agree or refuse to agree to the matter with the parent concerned, as appropriate; and
ii: notify the parent concerned in writing of the result of the request and the reasons for it:
c: a parent who is dissatisfied with the result of the reconsideration may, by a request in writing to the Secretary, require the result to be sent to an arbitrator.
5: A direction takes effect immediately, and section 37(2)
a: a request has been made under subsection (4)﻿(c) section 37(1)
b: 1 month after the Secretary notified the parent concerned of the name of a person who is to represent the Secretary in the appointment of an arbitrator, the Secretary's representative and a nominee of the parent have not appointed an arbitrator.
6: If a parent makes a request under subsection (4)﻿(c)
a: the Secretary must as soon as practicable give the parent the names of 3 people (other than an employee of the Ministry or an employee or a member of a board) who, in the Secretary’s opinion, have experience in or expert knowledge of special education:
b: within 14 days of being given the names, the parent must tell the Secretary—
i: which one of the people is acceptable; or
ii: that none of them is acceptable, and the name of some other person who is:
c: if, within 14 days of being given the names, the parent tells the Secretary that one of the people is acceptable, the person concerned is to be the arbitrator:
d: if, within 14 days of being given the names, the parent tells the Secretary that none of the people is acceptable, and the name of some other person who is, the Secretary must as soon as practicable accept or reject the other person:
e: if the Secretary accepts the other person, the other person is to be the arbitrator:
f: if the Secretary rejects the other person, the Secretary must as soon as practicable tell the other person the name of a person to act as the Secretary's agent in choosing an arbitrator, and the other person and the Secretary's agent must, as soon as practicable, choose the arbitrator:
g: if within 14 days of being given the names, the parent does not comply with paragraph (b)
h: once it is known who the arbitrator is, the Secretary must give the arbitrator a copy of all the relevant documents:
i: the arbitrator must give the parent notice in writing that—
i: the arbitrator has been appointed; and
ii: the parent may make written submissions:
j: on receiving written submissions from the parent or 21 days after notifying the parent (whichever comes first), the arbitrator must tell the parent and the Secretary when and where the arbitrator is to hear the matter:
k: the parent (or a nominee), a representative of the parent, the Secretary (or a nominee), and a representative of the Secretary may take part in the hearing and may require the student concerned to be present:
l: except as provided in this subsection, the arbitrator is to decide how the hearing is to proceed:
m: if, at the hearing, the parent of the student concerned produces evidence about the student that was not available to the Secretary when the Secretary reconsidered the relevant direction or refusal to come to an agreement under section 37(1)
i: the arbitrator may not consider that evidence and must refer the case back to the Secretary:
ii: the Secretary must reconsider the decision that was the subject of the arbitration, and subsection (4)
n: subject to paragraph (m)
o: the Secretary must comply with the arbitrator’s direction:
p: despite subsection (1)
q: despite subsection (1) section 37(1) 1989 No 80 s 10
48: Board of State school may appoint attendance officer
1: A board of a State school must, by any means it thinks fit, take all reasonable steps to ensure the attendance of students enrolled at its school.
2: For the purposes of complying with subsection (1)
3: A person may be appointed as an attendance officer by more than 1 board. 1989 No 80 s 31(1)–(3)
49: Powers of attendance officers and constables
1: An attendance officer or a constable may detain any person who appears to have turned 5 years and not to have turned 16 years, and who appears to be absent from school, and question the person as to—
a: the person’s name and address; and
b: the school (if any) at which the person is enrolled and its address; and
c: the reason for the person’s absence from school.
2: Before exercising the power under subsection (1)
3: The attendance officer or constable may, if not satisfied that the person has a good reason for not being at school, take the person to the person's home, or to the school at which the attendance officer or constable thinks the person is enrolled.
4: An attendance officer, a principal, the Secretary, or any person appointed by a board or the Secretary for the purpose may file charging documents, conduct prosecutions, and take any other proceedings under this Part.
5: A certificate sealed by a board 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 of, and validity of the affixing of, a board’s seal may not in any proceedings under this Part be inquired into or disputed.
6: This section applies—
a: to a participating student only in relation to any portion of the student’s secondary–tertiary programme during which the student is required to attend school, as notified by the provider group or lead provider under clause 9
b: to an affected student only in relation to the time period (or periods) each day during which the student’s timetable is running. 1989 No 80 s 31(4)–(9) Release from tuition
50: Release from tuition on religious or cultural grounds
1: This section applies to students enrolled at a State school that is not a State integrated school.
2: A student over the age of 16 years, or a parent of a student under the age of 16 years, may ask the principal to release the student from tuition in a particular class or subject.
3: A request under subsection (2)
4: The principal may not release the student unless satisfied that—
a: the parent or student has asked because of sincerely held religious or cultural views; and
b: the student is to be adequately supervised (whether within or outside the school) during the period of release from tuition.
5: On receiving a request from a parent under subsection (2)
6: Subject to subsection (4)
a: the student's age, maturity, and ability to formulate and express views; and
b: any views the student has expressed.
7: Nothing in this section limits or affects section 59 1989 No 80 s 25A
51: Release from tuition for specified parts of health curriculum
1: A parent of a student enrolled at a State school may ask the principal in writing to ensure that the student is released from tuition in specified parts of the health curriculum related to sexuality education.
2: On receiving a request under subsection (1)
a: the student is released from the relevant tuition; and
b: the student is supervised during the period of release from that tuition.
3: Subsection (1) 1989 No 80 s 25AA
52: Release from tuition for outside tuition or if good reasons to leave early
The principal of a State school may,—
a: if satisfied that the student is to receive outside the school tuition acceptable to the principal, release a student from attendance at the school, for a period or periods agreed with a parent of the student, to receive the tuition (and, as appropriate, travel between the school and the place where the tuition is to be given):
b: let a student leave early on a particular day if satisfied that—
i: the student has, on the day on which the school was open for instruction, been present at the school for 4 hours or more; and
ii: there are good reasons for the student to leave before the school closes on the day. 1989 No 80 s 25B
53: Courses, work experience, and visits outside school premises
1: A board may authorise any students to undertake courses of education, gain work experience, or make visits outside the school premises.
2: If authorisation is given, the student must be treated as attending the school while undertaking the course, gaining the experience, or making the visit.
3: A principal, a teacher, or an occupier of a workplace may not allow a student to go into, or remain in, a workplace to gain work experience except in accordance with any conditions prescribed by the Minister by notice
4: A student who is in any workplace to gain work experience is to be treated as being employed by the workplace, and every enactment and collective agreement (to the extent that it relates to the health, safety, and welfare of workers) applies to the student and the occupier of the workplace accordingly.
5: However, subsection (4)
a: entitle a student to be paid; or
b: require a student to join or belong to a union; or
c: entitle a student to enter or remain in a workplace; or
d: require any person to pay a levy, fee, or charge of any kind.
6: A notice under subsection (3) is secondary legislation ( see Part 3 1989 No 80 s 71 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 53(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 53(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
54: Restrictions on employing school-age children
1: An employer may not employ any person under the age of 16 years—
a: within school hours; or
b: if the person is a student participating in a secondary–tertiary programme and the employment would interfere with the person's ability to undertake the secondary–tertiary programme; or
c: if the person is enrolled at a distance school and the employment would interfere with the person's ability to do the work of the course in which the student is enrolled; or
d: if the person’s parent is granted an exemption certificate under section 38
e: if the employment would—
i: prevent or interfere with the person's attendance at school; or
ii: in the case of a person who is a participating student, interfere with the person's ability to undertake their secondary–tertiary programme; or
iii: if the person is enrolled at a distance school, interfere with the person's ability to do the work of the course in which the person is enrolled.
2: Subsection (1) section 38(1) 1989 No 80 s 30(1), (2) Religious instruction and observances at State primary and intermediate schools
55: Application
Sections 56 to 60 1964 No 135 s 81
56: Religious instruction and observances in State primary and intermediate schools
1: This section applies if a State school's board, after consultation with the principal, determines that school buildings may be used for the purposes of religious instruction or observances conducted in a manner approved by the board.
2: Despite section 97 1964 No 135 s 78
57: Additional religious instruction
1: This section applies if the Minister is satisfied that—
a: the majority of the parents of students attending a State school wish their children to receive religious instruction additional to that provided under section 56
b: the additional religious instruction is not to the detriment of the normal curriculum of the school.
2: Despite sections 56 97 1964 No 135 s 78A
58: Student attendance at religious instruction must be confirmed
1: A student enrolled at a State school may only attend or take part in any religious instruction at the school if a parent of the student has confirmed in writing to the principal that they wish for the student to take part or attend.
2: A parent who has given an indication of wishes under subsection (1) 1964 No 135 s 79(2)
59: Student attendance at religious observances not compulsory
1: A student enrolled at a State school may not be required to attend or take part in any religious observances if a parent of the student does not wish the student to take part and makes this wish known in writing to the principal.
2: A parent who has given an indication of wishes under subsection (1) 1964 No 135 s 79
60: Teacher may be released from duties to take part in religious instruction or observances
1: A teacher at a State school must, if the school's board approves the teacher’s request, be released from school duties for up to 30 minutes a week to allow them to take part in the school’s religious instruction and observances.
2: However, a person must not directly or indirectly bring any pressure to bear on a teacher to induce the teacher to take part, and the position of any teacher and their opportunities for appointments or promotion must not be adversely affected because the person does not take part in the school’s religious instruction and observances. 1964 No 135 s 80 Miscellaneous provisions
61: Exemptions from taxation
1: Every board must be treated as the agent of the Crown in respect of its property and the performance of its functions and is entitled to all the privileges that the Crown enjoys in respect of exemption from taxation and the payment of fees or charges, and from other obligations.
2: Nothing in subsection (1)
a: the payment of goods and services tax under the Goods and Services Tax Act 1985
b: any obligation imposed by that Act. 1964 No 135 s 187
2: Restrictions on right to enrol at and attend school
Restrictions on enrolment at primary school
62: Restrictions on primary school enrolment
The following persons may not be enrolled at or continue to be enrolled at a primary school or below year 9 at a composite school:
a: a child under the age of 5 years:
b: a child who turned 14 years in a previous year:
c: a child who, in the Secretary’s opinion, has made sufficient progress, in terms of any curriculum statement for year 8 made under section 90 1989 No 80 s 5 Section 62(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021
63: Cohort entry policy
1: A State school may adopt or revoke a cohort entry policy after complying with the requirements of section 65
2: A cohort entry policy must—
a: apply to all children aged 5 years who have not previously enrolled at a registered school; and
b: provide that they may be enrolled only on a date determined in accordance with section 64 1989 No 80 s 5A
64: Dates for starting school under cohort entry policy
1: This section applies to a State school that has a cohort entry policy.
2: A child may be enrolled no earlier than the child’s fifth birthday on a date that is—
a: a term start date:
b: a mid-term start date.
3: In this section,— mid-term start date section 66 term start date 1989 No 80 s 5B
65: Adoption or revocation of cohort entry policy
1: When adopting a proposed cohort entry policy for a State school, a board must take all reasonable steps to discover and consider the views of the following persons about the policy and whether it is generally acceptable:
a: parents of students at the school:
b: employees of the board at the school:
c: early childhood services in the local community:
d: parents of prospective students of the school.
2: When considering whether to revoke a cohort entry policy, a board must take all reasonable steps to discover and consider the views of the persons described in subsection (1)
3: A board must take all reasonable steps to give notice of at least 1 term to the Secretary and the persons described in subsection (1) 1989 No 80 s 5C
66: Publication of mid-term start dates
1: The Minister must, before 1 July in any year, publish in a notice
2: A mid-term start date must be the Monday that is closest to the date that is halfway between the first and last dates of a term.
3: A notice under subsection (1) is secondary legislation ( see Part 3 1989 No 80 s 5D The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 66(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 66(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Restrictions on enrolment at secondary school
67: Restrictions on secondary school enrolment
1: A person who, in the Secretary’s opinion, has made insufficient progress in terms of any curriculum statement for year 8 made under section 90
2: Subsection (1) 1989 No 80 s 6 Section 67(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021
68: Restrictions on enrolment at distance school
1: The Minister may, by notice
2: A notice under subsection (1)
a: different distance schools:
b: distance schools of different classes or descriptions:
c: early childhood, primary, and secondary classes at distance schools.
3: A person may not be enrolled at a distance school unless—
a: the school’s board is satisfied that the person's enrolment meets the criteria fixed under subsection (1)
b: the person is entitled under section 33
4: The Secretary may not give a direction under subsection (3)﻿(b)
5: If the Secretary is satisfied that a person who is enrolled at a distance school in accordance with a direction under subsection (3)﻿(b)
6: If the board of a distance school receives a notice under subsection (5) subsection (1)
7: The board of a distance school must cancel the enrolment if it is satisfied that—
a: a person's enrolment at a distance school does not meet the criteria fixed under subsection (1)
b: a direction under subsection (3)﻿(b)
8: The board of a distance school may delegate the task of being satisfied that enrolments meet or do not meet the criteria fixed under subsection (1)
9: For the purposes of subsection (4)
10: A notice under subsection (1) is secondary legislation ( see Part 3 1989 No 80 s 7 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 68(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 68(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
69: Some domestic students may have to pay fees for tuition from distance schools
1: The following students may not be enrolled or continue to be enrolled in a course, class, or programme at a distance school unless the appropriate fee (if any) prescribed by the board with the Minister’s consent has been paid:
a: a domestic student who has turned 16 years and is not enrolled full-time at a registered school:
b: a domestic student enrolled at a private school:
c: a domestic student who is granted an exemption certificate under section 38(1)
2: Subsection (1) 1989 No 80 s 7A
70: Evening classes
1: The board of a State school may—
a: provide evening classes:
b: prescribe and charge appropriate fees (if any) for the evening classes it provides:
c: refuse to allow a person to take part in evening classes it provides if the person fails to pay the relevant fees.
2: In this section, evening classes 1989 No 80 s 7B Enrolment schemes
71: Purpose and principles
1: The purpose of the enrolment scheme of a State school is—
a: to avoid overcrowding, or the likelihood of overcrowding, at the school; and
b: to ensure that the selection of applicants for enrolment at the school is carried out in a fair and transparent manner; and
c: to enable the Secretary to make the best use of existing networks of State schools.
2: In achieving its purpose, the enrolment scheme of every State school must, as far as possible, ensure that—
a: the scheme does not exclude local students; and
b: no more students are excluded from the school than is necessary to avoid overcrowding at the school. 1989 No 80 s 11A
72: When enrolment schemes required
1: If overcrowding occurs or is likely to occur at a State school, the Secretary must establish an enrolment scheme for the school.
2: An enrolment scheme must comply with Schedule 20
73: Content of enrolment schemes
A State school's enrolment scheme must—
a: define a home zone for the school; and
b: identify any special programmes offered by the school and the criteria by which students are to be accepted into any special programme. 1989 No 80 s 11C
74: How enrolment schemes work
1: A person who lives in the home zone of a State school that has an enrolment scheme is entitled to enrol at that school.
2: An applicant for enrolment at a school with an enrolment scheme who lives outside the school's home zone is entitled to enrol at the school only—
a: if the applicant is offered a place at the school in accordance with the procedure set out in the enrolment scheme; or
b: if the Secretary has agreed or directed under section 37 section 76 82 87 clause 14
c: if all of the following apply:
i: the student has been excluded or expelled from another school ( school A
ii: the principal of the school at which the student wishes to enrol agrees, by arrangement with the principal of school A, to enrol the student; and
iii: the Secretary endorses the proposal. 1989 No 80 s 11D
75: Additional entitlement to enrol in certain circumstances
1: Despite section 74
a: in the case of an existing enrolment scheme whose home zone is amended,—
i: the student lives outside the amended home zone; and
ii: the student has a sibling who is enrolled at the school at the time that the amendment is implemented; and
iii: the sibling, at the time that the amendment is implemented, lives inside the home zone as it was before the amendment; and
iv: the student, at the time of enrolment, lives inside the home zone as it was before the amendment:
b: in the case of a new enrolment scheme, the student—
i: lives outside of the home zone of the new enrolment scheme; and
ii: has a sibling who is enrolled at the school at the time that the new enrolment scheme is implemented.
2: Before granting an authorisation under subsection (1)
a: is in the best interests of the school and local community; and
b: can be managed within the existing school network.
3: For the purposes of this section, child A is the sibling
a: both children have the same parent; or
b: a parent of child A is married to, or in a civil union with, a parent of child B; or
c: a parent of child A was married to, or in a civil union with, a parent of child B at the time when child B’s parent died; or
d: a parent of child A is the de facto partner of a parent of child B; or
e: both children live in the same household and, in recognition of family obligations, are treated by the adults of that household as if they were siblings; or
f: the Secretary, by written notice to the school, advises that child A is to be treated as the sibling of child B. 1989 No 80 s 11F(3) Other restrictions on enrolment and attendance
76: Secretary may direct that students attend particular schools
1: The Secretary may, on the recommendation of the chief executive of Oranga Tamariki, direct the board of a State school to enrol a person at the school.
2: However, the Secretary may not give a direction under subsection (1)
a: a parent of the person; and
b: the board concerned; and
c: the chief executive of Oranga Tamariki and any other person or organisation that, in the Secretary's opinion, may be interested in, or able to advise on or help with, the person's education or welfare.
3: The board must comply with a direction given under subsection (1)
4: A direction given under subsection (1) 1989 No 80 s 18A
77: Principals may preclude students for health reasons
1: A principal of a State school may preclude a student from the school if they have reasonable grounds to believe that the student may have a communicable disease (within the meaning of the Health Act 1956
2: As soon as practicable after precluding a student under subsection (1)
a: the school’s board; and
b: the student (if the student has turned 20 years) or a parent of the student (in any other case); and
c: the Medical Officer of Health.
3: If a student has been precluded on suspicion of having a communicable disease, the board must, as soon as practicable, investigate the matter and—
a: cancel the preclusion; or
b: confirm that the student should stay precluded until the board has received a certificate from a medical practitioner stating that the student is well enough to go back to school.
4: A principal or a board is not liable for any act done or omitted—
a: in good faith; and
b: with reasonable care; and
c: in exercising or performing, or in intending to exercise or perform, a power or duty under this section.
5: If a parent is charged with an offence against section 244
a: it is a defence to the charge if it is proved that—
i: the student did not attend because the student was precluded for having a communicable disease; and
ii: the time for which the student did not attend was no longer than was necessary for the board to cancel the preclusion or the student to get well enough to go back to school; and
b: except to the extent set out in paragraph (a) subsection (1) 1989 No 80 s 19
78: Purpose of sections 79 to 89
The purpose of sections 79 to 89
a: provide a range of responses for cases of varying degrees of seriousness; and
b: minimise the disruption to a student's attendance at school and facilitate the return of the student to school when that is appropriate; and
c: ensure that individual cases are dealt with in accordance with the principles of natural justice. 1989 No 80 s 13
79: Application of sections 80 to 89
Sections 80 to 89 section 89 1989 No 80 s 13A
80: Principals of State schools may stand down or suspend students
1: The principal of a State school may stand down or suspend a student if satisfied on reasonable grounds that—
a: the student's gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school; or
b: because of the student's behaviour, it is likely that the student, or other students at the school, would be seriously harmed if the student were not stood down or suspended.
2: A stand-down may be for 1 or more specified periods, and—
a: the period or periods may not exceed 5 school days in any one term:
b: a student may be stood down more than once in the same year but for not more than 10 school days in total in that year:
c: in calculating the period of a stand-down, the day on which the student was stood down, and any day on which the student would not have had to attend school in any event, may not be counted:
d: the principal may lift the stand-down before it is due to expire.
3: If a student has been stood down or suspended, the following provisions apply in relation to the student's attendance at the school:
a: the principal may require the student to attend the school if the principal reasonably considers that the student's attendance is appropriate for the purposes of section 84
b: the principal must allow the student to attend the school if a parent of the student requests that the student be permitted to attend the school and the principal considers the request is reasonable:
c: otherwise the student does not have to, and is not permitted to, attend the school while stood down or suspended. 1989 No 80 s 14
81: Powers of State school board when suspended students aged under 16 years
1: If a student aged under 16 years has been suspended from a State school, the school's board may—
a: lift the suspension before it expires, either unconditionally or subject to any reasonable conditions the board wants to make:
b: extend the suspension conditionally for a reasonable period determined by the board when extending the suspension, in which case subsection (2)
c: if the circumstances of the case justify the most serious response, exclude the student from the school by extending the suspension and requiring the student to be enrolled at another school.
2: If the board extends a suspension conditionally, the board must impose reasonable conditions aimed at facilitating the return of the student to school and must take appropriate steps to facilitate the return of the student to school.
3: If a student fails to comply with any condition imposed under this section in respect of the lifting or extension of their suspension, the principal may request the board to reconsider the action it took under this section.
4: If subsection (3) subsection (1)
5: If the board has not sooner lifted or extended it or excluded the student under subsection (1)﻿(c)
a: at the close of the seventh school day after the day of the suspension; or
b: if the suspension occurs within 7 school days before the end of a term, at the close of the tenth calendar day after the day of the suspension.
6: If the board excludes the student under subsection (1)﻿(c)
7: If the principal is unable, by the tenth school day after the day of the board's decision to exclude a student, to arrange for the student to attend another school, the principal must tell the Secretary what steps the principal took in trying to do so. 1989 No 80 s 15
82: Secretary’s powers when excluded students aged under 16 years
1: If the Secretary is satisfied that the board of a State school has excluded a student aged under 16 years from the school under section 81(1)﻿(c)
a: if satisfied that it is appropriate for the student to return to the school from which the student has been excluded, lift the exclusion; or
b: arrange for and, if necessary, direct the board of any other State school (other than a State integrated school) to enrol the student at the other school; or
c: direct a parent of the student to enrol the student at a distance school.
2: The Secretary may not lift an exclusion under subsection (1)﻿(a) subsection (1)﻿(b)
a: the student; and
b: a parent of the student; and
c: the board; and
d: any other person or organisation that, in the Secretary’s opinion, may be interested in, or able to advise on or help with, the student's education or welfare.
3: If the board of a school from which the student has been excluded also controls another school, the Secretary (in exercising the power conferred by subsection (1)﻿(b)
4: A board must comply with a direction under subsection (1)﻿(b) 1989 No 80 s 16
83: Powers of State school board when suspended students aged 16 years or over
1: If a student aged 16 years or over has been suspended from a State school, the school’s board may—
a: lift the suspension before it expires, either unconditionally or subject to any reasonable conditions it wants to make; or
b: extend the suspension conditionally for a reasonable period determined by the board when extending the suspension, in which case subsection (2)
c: expel the student.
2: If the board extends a suspension conditionally, the board must impose reasonable conditions aimed at facilitating the return of the student to school, and must take steps to facilitate the return of the student to school.
3: If a student fails to comply with any condition imposed under this section in respect of the lifting or extension of their suspension, the principal may request the board to reconsider the action it took under this section.
4: If subsection (3) subsection (1)
5: If the board has not sooner lifted or extended it or expelled the student under subsection (1)﻿(c)
a: at the close of the seventh school day after the day of the suspension; or
b: if the suspension occurs within 7 school days before the end of a term, at the close of the tenth calendar day after the day of the suspension. 1989 No 80 s 17
84: Duties of principals when students stood down or suspended from State schools
1: When a student is stood down or suspended from a State school, the principal must take all reasonable steps to ensure that the student has the guidance and counselling that are reasonable and practicable in all the circumstances of the stand-down or suspension.
2: If a student's suspension is subject to conditions, the principal must take all reasonable steps to ensure that an appropriate educational programme is provided to the student.
3: The purpose of the programme referred to in subsection (2) 1989 No 80 s 17A
85: Who may attend State school board meeting concerning suspensions
1: If a student has been suspended from a State school, the student, a parent of the student, and their representatives are entitled to attend at least 1 meeting of the board and speak at that meeting, and to have their views considered by the board before it decides whether to lift or extend the suspension or exclude or expel the student.
2: Instead of attending and speaking at a meeting of the board in person, the student, a parent of the student, and their representatives may attend and speak by way of telephone conference or video link.
3: However, a telephone conference or video link may be used only if the student and a parent of the student have requested it to be used. 1989 No 80 s 17B
86: Effect of suspension on school register
1: The name of a student aged under 16 years who has been suspended from a State school under section 80 section 81(1)﻿(c)
a: the day the student is enrolled at another registered school:
b: the day the student is given an exemption under section 38 39
2: The name of a student who has turned 16 years and is suspended from a State school under section 80
a: the day on which the student is enrolled at another registered school:
b: the day on which the student is expelled from the school:
c: the day on which the student leaves school:
d: 1 January after the student's 19th birthday.
3: Subsection (2) section 80 section 81(1)﻿(c) 1989 No 80 s 17C
87: Re-enrolment of excluded or expelled student
1: The board of a State school from which a student has ever been excluded or expelled may refuse to enrol the student at the school (unless, in the case of an exclusion, the Secretary has lifted the exclusion under section 82(1)﻿(a)
2: Subject to section 82(1)﻿(b) section 81 or 83
3: The Secretary may, in the case of a student who has turned 16 years, direct the board of another State school (other than a State integrated school) to enrol a student at the school if—
a: the student has been expelled from a State school under section 83
b: the Secretary has made all reasonable attempts to consult—
i: the student; and
ii: a parent of the student; and
iii: the board; and
iv: any other person or organisation that, in the Secretary’s opinion, may be interested in, or able to advise on or help with, the student's education or welfare.
4: A board must comply with a direction under subsection (3) 1989 No 80 s 17D
88: Notice requirements for stand-downs, suspensions, exclusions, and expulsions
1: Immediately after a student is stood down under section 80
a: that the student has been stood down; and
b: the reasons for the principal's decision; and
c: the period for which the student has been stood down.
2: Immediately after a student is suspended under section 80
a: that the student has been suspended; and
b: the reasons for the principal's decision.
3: Immediately after the principal or the board lifts a suspension, extends a suspension, excludes a student, or expels a student, the principal or the board must tell the Secretary and a parent of the student—
a: that the suspension has been lifted or extended, and the period of the extension (if any), or that the student has been excluded or expelled; and
b: the reasons for the principal’s or the board's decision.
4: Nothing in this section requires the board to tell a parent of a student about an action taken under this section if the student has turned 20 years. 1989 No 80 s 18
89: Secretary may make rules
1: The Secretary may sections 80 to 88
a: setting out procedural requirements to be followed when a proposed stand-down, suspension, exclusion, or expulsion is to be considered or decided:
b: specifying who should be consulted about the circumstances of a stand-down, suspension, exclusion, or expulsion:
c: setting out the steps to be taken by the principal and board, respectively, when a student has been stood down, suspended, excluded, or expelled:
d: specifying the notices to be given when a decision not to lift a suspension, or a decision to extend a suspension or expel a student, is made and the particulars to be set out in each notice:
e: specifying time limits within which specified things are to be done and the reports that are to be produced and the persons who are to produce them:
f: providing reasonable measures (which must not be inconsistent with the Privacy Act 2020
g: providing for any other matters that the Secretary considers desirable in the interests of natural justice.
2: Before making any rules under this section, the Secretary must—
a: publish in the Gazette
b: give interested persons reasonable time (as specified in the notice) to make submissions on the proposed rules; and
c: consult the persons and groups that the Secretary thinks fit.
3: Rules under this section are secondary legislation ( see Part 3 1989 No 80 s 18AA The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 89(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 89(1)﻿(f) amended 1 December 2020 section 667(3)﻿(a) Section 89(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
3: Teaching, learning, and well-being
Curriculum and performance measures of schools
90: Curriculum statements and national performance measures
1: The Minister may make
a: foundation curriculum policy statements
i: the way in which curriculum and assessment responsibilities are to be managed in schools:
ii: national curriculum statements and locally developed curricula:
b: national curriculum statements
i: the areas of knowledge and understanding to be covered by students during the years of schooling; and
ii: the skills to be developed by students during the years of schooling; and
iii: desirable levels of knowledge, understanding, and skill to be achieved by students during the years of schooling:
c: national performance measures
2: Without limiting subsection (1)
a: specify different commencement dates for different provisions or different purposes, which dates may differ according to the classification or designation of a school, the group or year level of students attending a school, or any combination of those classifications, designations, groups, and levels:
b: specify a transitional period during which a board may elect to comply with an existing curriculum statement or the new curriculum statement, and specify a date on which a board must begin complying with the new curriculum statement.
3: The following instruments under this section are secondary legislation ( see Part 3
a: foundation curriculum policy statements:
b: national curriculum statements:
c: national performance measures. 1989 No 80 s 60A 2017 No 20 s 41(2), (5) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	notify it in the Gazette Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 90(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 90(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
91: Board of State school must consult about delivery of health curriculum
1: The board of a State school must, at least once every 2 years, after consulting the school community, adopt a statement on the delivery of the health curriculum.
2: The purpose of the consultation is to—
a: inform the school community about the content of the health curriculum; and
b: ascertain the wishes of the school community regarding the way in which the health curriculum should be implemented given the views, beliefs, and customs of the members of that community; and
c: determine, in broad terms, the health education needs of the students at the school.
3: The board may adopt any method of consultation that it thinks fit to best achieve the purpose, but it may not adopt a statement on the delivery of the health curriculum until it has—
a: prepared the statement in draft; and
b: given members of the school community an adequate opportunity to comment on the draft statement; and
c: considered any comments received.
4: In this section,— school community
a: for a State integrated school, the parents of students enrolled at the school, and the school's proprietors:
b: for any other State school, the parents of students enrolled at the school:
c: in every case, any other person who the board considers is part of the school community for the purpose of this section statement on the delivery of the health curriculum 1989 No 80 s 60B Restrictions on appointment and continued employment of teaching staff
92: Restrictions on appointment of teachers
1: An employer may not appoint the following persons to a teaching position:
a: a person—
i: whose registration has been cancelled; and
ii: who has not since been registered again:
b: a person whose practising certificate is suspended under section 498 500(1)﻿(d) section 500(1)﻿(g)
c: a person whose authorisation has been cancelled and who has not since—
i: been authorised again; or
ii: been registered as a teacher:
d: a person whose limited authority to teach is suspended under section 498 500(1)﻿(d)
2: An employer may not permanently appoint a person to any teaching position if the person does not hold a practising certificate. 1989 No 80 s 349
93: Restrictions on continued employment of teachers
1: An employer may not continue to employ the following persons in a teaching position:
a: a person—
i: whose registration has been cancelled; and
ii: who has not since been registered again:
b: a person whose practising certificate is suspended under section 500(1)﻿(d)
c: a person whose authorisation has been cancelled and who has not since—
i: been authorised again; or
ii: been registered as a teacher:
d: a person whose limited authority to teach is suspended under section 500(1)﻿(d)
2: An employer may not continue to employ in a teaching position a person who holds neither a practising certificate nor an authorisation if the person is not under the general supervision of a person who holds a practising certificate.
3: An employer may not, in any calendar year, continue to employ in a teaching position a person who holds neither a practising certificate nor an authorisation if the sum of the following periods is not less than the period specified in subsection (4)
a: the period or periods for which that person has already during that year been employed by the employer in a teaching position or positions:
b: any period or periods (of which the employer is aware) for which that person has already during that year been employed by any other employer in a teaching position or positions:
c: any period or periods (of which the employer is aware) for which that person has during that year been employed as a teacher by the employer at an early childhood education and care service.
4: The period is 20 half-days or any greater number of half-days the Teaching Council has allowed in any particular case, each being a half-day on which the school or early childhood education and care service at which the person was then employed was open for instruction. 1989 No 80 s 350
94: Chief executive of distance school not required to be registered
1: The chief executive of a distance school is not required to be registered.
2: This section overrides sections 92 93 1989 No 80 s 350A
95: Restrictions on teachers subject to interim suspension
1: This section applies to a person employed in a teaching position if the person—
a: holds a practising certificate that is suspended under section 498
b: has a limited authority to teach that is suspended under section 498
2: The employer of the person—
a: must ensure that the person does not carry out any of the duties of the teaching position concerned; and
b: if the person is employed at a registered school or an early childhood education and care service, must take all reasonably practicable steps to ensure that the person does not undertake any activities that might bring them into contact with students enrolled at the school or children who attend the service.
3: The person may not carry out any of the duties of the teaching position concerned. 1989 No 80 s 351
96: Further provisions relating to registration of teachers, practising certificates, and authorities to teach
The registration of teachers, the issue of practising certificates, and the grant of authorities to teach must be done in accordance with Schedule 3 Other restrictions and requirements
97: Teaching in State primary and intermediate schools must be secular
1: Teaching in every State primary and intermediate school must, while the school is open, be entirely of a secular character.
2: However, religious instruction and observances at State schools may be held in accordance with subpart 1 1964 No 135 s 77
98: Prohibition on corporal punishment and seclusion in registered schools
The following persons must not use force, by way of correction or punishment, towards any student enrolled at or attending a registered school or seclude any student enrolled at or attending the school:
a: a person who is employed or engaged by the school’s board or the managers of a private school:
b: a person who is supervising or controlling a student on behalf of the school’s board or the managers of a private school. 1989 No 80 s 139A
99: Limits on use of physical restraint at registered schools
1: A person holding a teaching position or an subsection (2)
2: The conditions are that—
a: the physical restraint is necessary to prevent imminent harm to the student or another person; and
b: the person holding a teaching position
c: the physical restraint is reasonable and proportionate in the circumstances.
3: In subsection (2) harm
4: For the purposes of this section and sections 100 101 authorised staff member physically restrain
5: Nothing in this section limits or affects section 98 1989 No 80 s 139AC Section 99(1) amended 16 December 2021 section 5(1) Education and Training Amendment Act 2021 Section 99(2)﻿(b) amended 16 December 2021 section 5(2) Education and Training Amendment Act 2021
100: Rules on use of physical restraint at registered schools
1: The Secretary must make rules prescribing the practice and procedure to be followed by employers, principals, persons holding a teaching position,
2: The rules must include—
a: requirements to keep written records on the use of physical restraint, including requirements to notify, monitor, and report on the use of physical restraint; and
b: a procedure for authorising staff members to use physical restraint in accordance with section 99
3: When developing rules under this section, the Secretary must make reasonable efforts to consult—
a: children and young people, in particular those who are Māori and those with disabilities or learning support needs:
b: parents, whānau, and caregivers:
c: national bodies representing the interests of—
i: teachers:
ii: principals:
iii: governing bodies of schools:
iv: parents:
v: the disability community.
4: Rules under this section are secondary legislation ( see Part 3 1989 No 80 s 139AD The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 100(1) amended 16 December 2021 section 6 Education and Training Amendment Act 2021 Section 100(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
101: Guidelines on use of physical restraint and behaviour management at registered schools
1: The Secretary must, by notice in the Gazette
2: The guidelines must include—
a: best practice examples of—
i: how to use physical restraint safely; and
ii: how to assess significant emotional distress; and
iii: understanding, and responding safely to, behaviour; and
b: a framework for decision making and problem solving to prevent, de-escalate, and safely respond to disruptive or assaultive behaviour; and
c: advice on assessing behaviour escalation levels that precede imminent harm to health, safety, or well-being.
3: When developing guidelines under this section, the Secretary must make reasonable efforts to consult—
a: children and young people, in particular those who are Māori and those with disabilities or learning support needs:
b: parents, whānau, and caregivers:
c: national bodies representing the interests of—
i: teachers:
ii: principals:
iii: governing bodies of schools:
iv: parents:
v: the disability community.
4: Employers, principals, persons holding a teaching position, and authorised staff members at registered schools 1989 No 80 s 139AE Section 101(4) amended 16 December 2021 section 7 Education and Training Amendment Act 2021
102: Students at State schools may be released from tuition or for outside tuition
1: A student enrolled at a State school may be released from a particular class or subject on religious or cultural grounds in accordance with section 50
2: A student enrolled at a State school may be released from tuition of specified parts of the health curriculum related to sexuality education in accordance with section 51
3: A student enrolled at a State school may be released from tuition at a State school or be allowed to leave early in accordance with section 52
103: Students at State schools must receive guidance and counselling and their parents must be told about certain things
The principal of a State school must take all reasonable steps to ensure that—
a: students get good guidance and counselling; and
b: students in year 7 and above are provided with appropriate career education and guidance that is designed to prepare them to join the workforce or undertake further education or training when they leave school; and
c: a parent of the student is told of matters that, in the principal's opinion,—
i: are preventing or slowing the student's progress through the school; or
ii: are harming the student's relationships with teachers or other students. 1989 No 80 s 77
104: Required Police vetting
The board of a State school and the managers of a private school must obtain Police vets of non-teaching and unregistered employees and contractors in accordance with the requirements of Schedule 4
4: Searches and surrender of property
105: Interpretation
1: In this subpart, unless the context otherwise requires,— authorised staff member section 106 107 harmful item item outer clothing rub-down search
a: runs or pats their hand over the body of the person being searched, whether outside or inside the clothing of the person being searched:
b: inserts their hand inside any pocket or pouch in the clothing of the person being searched search
a: a strip search; and
b: a rub-down search socks strip search
a: remove any of the latter person's clothing other than outer clothing, head covering, gloves, footwear, or socks; or
b: raise, lower, or open all or any part of the latter person's clothing student teacher
2: An authorisation referred to in the definition of authorised staff member must be in writing and may be subject to conditions.
106: Surrender and retention of property
1: This section applies if a teacher or an authorised staff member 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.
2: The teacher or authorised staff member may require the student to produce and surrender the item.
3: If the item is stored on a computer or other electronic device, the teacher or authorised staff member may require the student—
a: to reveal the item:
b: to surrender the computer or other electronic device on which the item is stored.
4: A teacher or an authorised staff member may do either or both of the following in relation to an item surrendered under this section:
a: retain the item for a reasonable period:
b: dispose of the item (if appropriate).
5: A teacher or an authorised staff member may retain a computer or other electronic device surrendered under subsection (3)﻿(b)
6: 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)
a: returned to the student; or
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 113 1989 No 80 s 139AAA
107: Searches of clothing and bags or other containers
1: This section applies if a teacher or an authorised staff member—
a: has reasonable grounds to believe that a student has a harmful item on or about the student's person, or in any bag or other container under the student's control; and
b: has required the student to produce and surrender the harmful item under section 106
2: The teacher or authorised staff member may do any of the following:
a: require the student to remove any outer clothing, except where the student has no other clothing, or only underclothing, under that outer clothing:
b: require the student to remove any head covering, gloves, footwear, or socks:
c: require the student to surrender the bag or other container.
3: The teacher or authorised staff member may search any clothing or footwear removed, and any bag or other container surrendered, under subsection (2)
4: If, during a search under this section, the teacher or authorised 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.
5: Section 106(4) to (7) subsection (4)
6: A teacher or an authorised staff member who exercises a power under this section must comply with any rules made under section 113 1989 No 80 s 139AAB
108: Restrictions on searches under section 107
1: A teacher or an authorised staff member who carries out a search under section 107
2: Unless impracticable, a search under section 107
a: by a teacher or an authorised staff member who is of the same sex as the student; and
b: in the presence of the student and another teacher or authorised staff member who is of the same sex as the student.
3: Unless impracticable, a search under section 107
4: A teacher or an authorised staff member who carries out a search under section 107
a: return any clothing or footwear removed and any bag or other container surrendered as soon as the search is completed; and
b: keep a written record of any items seized under section 107(4) 1989 No 80 s 139AAC
109: Limits on sections 106 and 107
1: Nothing in section 106 107
a: search any student; or
b: use physical force against a student; or
c: require a student to provide a bodily sample (but a teacher or authorised staff member may encourage a student to participate in a voluntary drug treatment programme that involves testing of bodily samples).
2: Nothing in section 106 107
3: The powers set out in sections 106 107 section 106(1)
4: Subsection (1) section 81 83 sections 41 48 59 1989 No 80 s 139AAD
110: Prohibitions on searches by contractors
1: A contractor may not—
a: exercise any power in section 106 107
b: search a student.
2: However, a contractor may bring a dog that is trained for the purpose of searching to a school and use the dog for the purpose of searching school property (including lockers, desks, or other receptacles provided to students for storage purposes).
3: In this section, contractor 1989 No 80 s 139AAE
111: Refusal to produce, reveal, or surrender item
1: If a student refuses to produce, reveal, or surrender an item or computer or other electronic device under section 106(2) or (3)
2: If a student refuses to remove any outer clothing, head covering, gloves, footwear, or socks or to surrender a bag or other container under section 107(2) 1989 No 80 s 139AAF
112: Power to search storage containers not affected
Sections 106 107 1989 No 80 s 139AAG
113: Rules about surrender and retention of property and searches
1: The Secretary must make rules (which must be consistent with this Act) regulating the practice and procedure to be followed by boards, principals, teachers, and authorised staff members under sections 106 to 111
a: providing for the keeping of written records relating to the use of the powers under section 106
b: prescribing requirements relating to the keeping of written records under section 107
c: prescribing the procedure for authorising staff members to exercise powers or carry out functions under sections 106 to 114
d: specifying the circumstances in which items may be disposed of under section 106(4)﻿(b)
e: setting out requirements for the storage of items and computers and other electronic devices under section 106(6)
f: providing for the return of items and computers and other electronic devices under section 106(7)﻿(a)
2: Rules under this section are secondary legislation ( see Part 3 1989 No 80 s 139AAH The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 113(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
114: 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 106 to 113
2: Boards, principals, teachers, and authorised staff members must have regard to guidelines issued under subsection (1) 1989 No 80 s 139AAI
5: Administration of State schools
General provisions
115: When State schools must be open
State schools must be open and closed for instruction in accordance with Schedule 21
116: Communities of learning for State schools
The Minister may approve, and the Secretary may enter into an agreement with, a community of learning in accordance with Schedule 5 1989 No 80 s 71C
117: State schools may use off-site locations approved by Minister
1: This section applies to the use of off-site locations by schools to provide education to 1 or more students on a long-term or full-time basis.
2: The Minister may, by written notice to the board of a State school, approve the use of an off-site location by the school.
3: The Minister may issue a notice under subsection (2)
4: Except as provided under this Act, a school may not—
a: use an off-site location; or
b: host an off-site location for another school.
5: If approval is given under subsection (2)
a: who is responsible for the education provided at the off-site location:
b: who is responsible for the welfare and safety of the students at that location:
c: the terms agreed on any other matter the Secretary considers relevant in the particular case.
6: Off-site location subsection (1) 1989 No 80 s 71A Functions and powers of boards
118: State schools and special institutions must have boards
1: Except as provided in this Act, every State school and every special institution must have a board.
2: However, neither is required to have a board while a commissioner holds office to act in place of its board. 1989 No 80 s 93
119: Constitution of boards of State schools
1: The board of a State school must comprise—
a: no more than 7 and no fewer than 3 parent representatives; and
b: the principal of the school or, for a combined board, the principal or principals of the schools administered by the board; and
c: except where the principal is the only member of the school staff, 1 staff representative; and
d: a number (determined by the board) of board members either—
i: co-opted by the board; or
ii: appointed by bodies corporate approved by the board for the purpose; and
e: for a board that administers a State integrated school, not more than 4 board members appointed by the school's proprietors; and
f: for a board that administers a school where students are enrolled full-time in year levels above year 9, 1 student representative.
2: Despite subsection (1)
a: 6 parent representatives, for a board
b: 5 parent representatives, in any other case.
3: Subsection (1) sections 120 121 122(1)
4: Subsection (2) section 122(1) 1989 No 80 s 94
120: Proprietors of State integrated schools may vary number of board members they appoint
1: Despite section 119(1)
2: The proprietors of a State integrated school may, by written notice to the board, consent to a reduction in the number of board members the proprietors are entitled to appoint to the board.
3: A notice under subsection (2)
a: specify that it is to take effect on the occurrence of the earlier of the following events:
i: the going out of office of board members:
ii: the appointment under section 181
b: specify a day on which it is to take effect, and contain the dismissal (with effect on that day) of enough board members appointed by the proprietors to give effect to the reduction consented to.
4: The proprietors of a State integrated school may, by written notice to the board, require an increase (to no more than 4) in the number of board members the proprietors are entitled to appoint to the board.
5: A notice under subsection (4)
a: the going out of office of board members:
b: the appointment under section 181 1989 No 80 s 94A
121: Boards may alter their constitutions
1: A board may, in accordance with this section, decide—
a: to increase to no more than 7 the number of board members who are parent representatives:
b: to decrease to no fewer than 3 the number of board members who are parent representatives:
c: to approve a body corporate for the purpose of appointing a specified number of board members to the board:
d: to modify an approval under paragraph (c)
e: in its absolute discretion, and without giving reasons, to modify an approval under paragraph (c)
f: in its absolute discretion, and without giving reasons, to withdraw an approval under paragraph (c)
2: A decision under subsection (1)
3: Before making a decision under subsection (1)
a: the time, day, and place of the meeting of the board at which the decision is to be made; and
b: the nature of the decision; and
c: the fact that they have a right to attend the meeting.
4: If a board decides to decrease the number of board members who are parent representatives,—
a: no parent representative is to go out of office; and
b: no casual vacancy for a parent representative may be filled unless the vacancy has reduced the number of parent representatives on the board to fewer than the decreased number decided by the board.
5: All co-opted board members go out of office as if they had resigned if a board decides to decrease the number of board members who are parent representatives to a number that is not more than the total number of—
a: co-opted board members for the time being holding office; and
b: board members capable of being appointed in accordance with approvals under subsection (1)﻿(c)
6: If, when any co-opted board members have gone out of office under subsection (5) subsection (1)﻿(c)
a: the approvals under subsection (1)﻿(c)
b: all board members appointed by an organisation whose approval has been treated as having been withdrawn go out of office as if they had resigned,— until the number of board members who are parent representatives is more than the number of board members capable of being appointed in accordance with approvals under subsection (1)﻿(c)
7: A vacancy on a board caused by a decision to increase the number of members who are parent representatives must be filled by election as if it were a casual vacancy, but is not capable of being filled by selection.
8: A board that makes a decision under subsection (1) 1989 No 80 s 94B
122: Composition of boards of special institutions
1: The Minister must, by notice in the Gazette
2: A notice under subsection (1)
a: may apply to a specified institution or specified institutions, or to institutions of a specified class or description:
b: may revoke or amend any other notice.
3: However, no board member is to go out of office by reason only of the amendment or revocation of a notice under subsection (1)
4: If a notice under subsection (1)
a: that the board is required to have a staff representative as a member; and
b: whether the staff representative is to be elected, co-opted by the board, or appointed by the Minister.
5: One board may administer a number of special institutions. 1989 No 80 s 95
123: Other provisions relating to boards
Other provisions relating to boards are set out in the following schedules:
a: Schedule 22
b: Schedule 23
124: Status of board
1: A board (and not the school) is a body corporate.
2: A board—
a: is accordingly a legal entity separate from its members, office holders, employees, and the Crown; and
b: continues in existence until it is dissolved in accordance with this Act. 1989 No 80 Schedule 6
125: Board is governing body
1: A board is the governing body of its school.
2: A board is responsible for the governance of the school, including setting the policies by which the school is to be controlled and managed.
3: Under section 130 1989 No 80 Schedule 6
126: Bylaws
1: A board may make bylaws that the board thinks necessary or desirable for the control and management of the school.
2: Before making a bylaw, the board must consult its staff, its students (to the extent that the board considers appropriate), and the school community regarding the proposed bylaw. 1989 No 80 Schedule 6
127: Objectives of boards in governing schools
1: A board’s primary objectives in governing a school are to ensure that—
a: every student at the school is able to attain their highest possible standard in educational achievement; and
b: the school—
i: is a physically and emotionally safe place for all students and staff; and
ii: gives effect to relevant student rights set out in this Act, the New Zealand Bill of Rights Act 1990 Human Rights Act 1993
iii: takes all reasonable steps to eliminate racism, stigma, bullying, and any other forms of discrimination within the school; and
c: the school is inclusive of, and caters for, students with differing needs; and
d: the school gives effect to Te Tiriti o Waitangi
i: working to ensure that its plans, policies, and local curriculum reflect local tikanga Māori, mātauranga Māori, and te ao Māori; and
ii: taking all reasonable steps to make instruction available in tikanga Māori and te reo Māori; and
iii: achieving equitable outcomes for Māori students.
2: To meet the primary objectives, the board must—
a: have particular regard to the statement of national education and learning priorities issued under section 5
b: give effect to its obligations in relation to—
i: any foundation curriculum statements, national curriculum statements, and national performance measures; and
ii: teaching and learning programmes; and
iii: monitoring and reporting students’ progress; and
c: perform its functions and exercise its powers in a way that is financially responsible; and
d: if the school is a member of a community of learning that has a community of learning agreement under clause 2
e: comply with all of its other obligations under this or any other Act. 1989 No 80 Schedule 6
128: Staff
A board may, in accordance with this Act, appoint, suspend, and dismiss school staff. 1989 No 80 Schedule 6 Section 128 amended 7 August 2020 section 135 Public Service Act 2020
129: Boards may appoint, suspend, and dismiss principal
1: The powers conferred on a board by section 128
2: Two or more boards may appoint 1 person to be the principal of 2 or more schools administered by the boards.
3: A combined board may appoint 1 person to be the principal of 2 or more schools administered by the board. 1989 No 80 s 75A
130: Principal is chief executive of board in relation to school’s control and management
1: A school’s principal is the board's chief executive in relation to the school's control and management.
2: Except to the extent that any enactment, or the general law of New Zealand, provides otherwise, the principal—
a: must comply with the board's general policy directions; and
b: subject to paragraph (a) 1989 No 80 s 76
131: Board has complete discretion
1: A board has complete discretion to perform its functions and exercise its powers as it thinks fit.
2: Subsection (1) 1989 No 80 Schedule 6
132: Things boards may do
1: A board may do anything that it is authorised to do by this Act.
2: A board may do anything that a natural person of full age and capacity may do.
3: Subsection (2)
4: A board may do an act under this section only for the purpose of performing its functions. 1989 No 80 Schedule 6
133: Board’s policies and practices must reflect cultural diversity
A board must take all reasonable steps to ensure that the policies and practices for its school reflect New Zealand’s cultural diversity. 1989 No 80 Schedule 6
134: Statements of variance and annual reports
1: A board must give the Secretary—
a: a statement of variance by a date fixed by the Secretary each year; and
b: an annual report as soon as practicable after the end of each financial year, and no later than a date fixed by the Secretary.
2: The annual report must contain the following:
a: the information required by regulations made under section 639
b: the board’s annual financial statements; and
c: the auditor’s report provided under section 135
d: in respect of the board or, in the case of a Crown entity group, each Crown entity in the group,—
i: the total value of the remuneration (other than compensation and other benefits referred to in subparagraph (v)
ii: the total value of the remuneration (other than compensation and other benefits referred to in subparagraph (v) subparagraph (i)
iii: the number of employees (other than principals of the school) to whom, during the financial year, remuneration (other than compensation and other benefits referred to in subparagraph (v)
iv: a report, presented in the manner required by the Minister by notice in the Gazette
v: the total value of any compensation or other benefits paid or payable to persons who ceased to be board members, committee members, or employees during the financial year in relation to that cessation and the number of persons to whom all or part of that total was payable; and
e: the statement of variance.
3: In addition, a board that is a parent in a Crown entity group must, to the extent required to do so by generally accepted accounting practice, prepare consolidated financial statements in relation to the group for that financial year.
4: The annual financial statements must be in the form (if any) determined by the Secretary after consultation with the Auditor-General.
5: The annual financial statements must be accompanied by a statement of responsibility that complies with section 155 of the Crown Entities Act 2004 but that is signed by the chair of the board and the principal instead of 2 members.
6: The requirements of this section and section 135
7: The rest of the amendments made to this section by Schedule 6 section 198
8: In this section,— board member employee statement of variance
a: any variance between the school’s performance and the achievement of the school’s objectives set out in its strategic plan and annual implementation plan; and
b: any matters required by regulations made under section 639
9: However, in relation to a 2023 school charter, statement of variance subsection (2)﻿(e) subsection (8) 2017 No 20 s 68
135: Audit
1: A board must submit its annual financial statements to the Auditor-General within 90 days after the end of each financial year.
2: The Auditor-General must audit the financial statements and provide an audit report on them to the board. 1989 No 80 s 87A
136: Annual report to be made available
A board must ensure that its annual report is available to the public on an Internet site maintained by or on behalf of the board. 1989 No 80 s 87AB
137: Annual financial statements of boards
1: A board must provide its audited annual financial statements to the Secretary no later than 31 May in the year after the previous financial year.
2: The Minister must make available (including, without limitation, by electronic means) to a member of Parliament on request from that member of Parliament any statement provided 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. 1989 No 80 s 87C Strategic planning and reporting
138: School strategic plan and annual implementation plan
1: A board must have the following strategic planning documents for its school:
a: a strategic plan
b: an annual implementation plan
2: A board must prepare its first strategic plan and annual implementation plan when required by regulations made under section 639
3: If, at the commencement of this section, a board has a charter in effect for the 2022 year, the charter is to be treated as the board’s first strategic plan.
4: If a board’s strategic plan is its 2022 school charter, the statement of variance is not required to include a comparison with an annual implementation plan.
5: However, a board with a 2022 school charter as its strategic plan must continue to update the annually updated sections of its charter until its first annual implementation plan is required under regulations made under section 639
6: The annually updated sections of a 2022 school charter must be updated no later than a date fixed by the Secretary. 2017 No 20 s 158
139: Preparing
1: A board must prepare a section 639
2: The section 639
3: In preparing a strategic
a: consult—
i: the school community; and
ii: the school’s staff; and
iii: where appropriate, the school’s students; and
iv: any other persons required by the regulations; and
b: comply with any other regulations relating to the development of strategic plans; and
c: in the case of a State integrated school, ensure that the plan
d: in the case of a designated character school, ensure that the plan
4: In preparing a
5: This section is subject to section 138(3) 2017 No 20 s 158 Section 139 heading amended 1 August 2022 section 11(1) Education and Training Amendment Act 2022 Section 139(1) amended 1 August 2022 section 11(2) Education and Training Amendment Act 2022 Section 139(2) amended 1 August 2022 section 11(2) Education and Training Amendment Act 2022 Section 139(3) amended 1 August 2022 section 11(3) Education and Training Amendment Act 2022 Section 139(3)﻿(c) amended 1 August 2022 section 11(4) Education and Training Amendment Act 2022 Section 139(3)﻿(d) amended 1 August 2022 section 11(4) Education and Training Amendment Act 2022 Section 139(4) amended 1 August 2022 section 11(2) Education and Training Amendment Act 2022
140: Secretary
may review
1: The Secretary may review a strategic plan in accordance with regulations made under section 639
2: After reviewing the strategic plan, the Secretary may direct that the board—
a: consider, or further consider, any matter and revise the plan in the light of that consideration; or
b: revise the plan as directed by the Secretary.
3: If the
4:
5: If a board fails to comply with the Secretary’s directions, or resubmits a revised 2017 No 20 s 158 Section 140 heading amended 1 August 2022 section 12(1) Education and Training Amendment Act 2022 Section 140(1) replaced 1 August 2022 section 12(2) Education and Training Amendment Act 2022 Section 140(2) replaced 1 August 2022 section 12(2) Education and Training Amendment Act 2022 Section 140(3) amended 1 August 2022 section 12(3) Education and Training Amendment Act 2022 Section 140(4) repealed 1 August 2022 section 12(4) Education and Training Amendment Act 2022 Section 140(5) amended 1 August 2022 section 12(3) Education and Training Amendment Act 2022
141: Amending strategic plan
1: A board may amend its strategic plan.
2: If the board considers that a proposed amendment to its strategic plan is significant, the board must comply with the requirements of section 139(3)
3: The Secretary may require a board to amend its strategic plan. 2017 No 20 s 158 Section 141(1) replaced 1 August 2022 section 13 Education and Training Amendment Act 2022 Section 141(2) replaced 1 August 2022 section 13 Education and Training Amendment Act 2022
142: Expiry of strategic plan
1: A strategic plan expires 3 years after the plan takes effect.
2: However, a 2022 school charter (which is a document that is to be treated as a board’s first strategic plan) expires when replaced by a strategic plan adopted in accordance with regulations made under section 639
3: If there is no new plan to replace the expired plan, the expired plan continues to apply for a period approved by the Secretary. 2017 No 20 s 158
143: Preparing annual implementation plan
1: A board must prepare an annual implementation plan.
2: The plan must—
a: contain the information required by regulations made under section 639
b: be prepared in accordance with those regulations. 2017 No 20 s 158
144: Amending annual implementation plan
A board may amend its annual implementation plan. 2017 No 20 s 158
145: Board to monitor performance against strategic planning documents
1: A board must monitor and evaluate its performance—
a: in achieving (or making progress towards achieving) its objectives in accordance with its strategic plan; and
b: in implementing its strategy in accordance with its annual implementation plan.
2: The monitoring and evaluation must be carried out in accordance with regulations made under section 639
3: The board must report on its performance in the annual report, in accordance with regulations made under section 639 2017 No 20 s 158
146: Strategic planning documents to be on Internet site
A board must ensure that its strategic plan and annual implementation plan are available to the public on an Internet site maintained by or on behalf of the board. 2017 No 20 s 158 Validity of acts and liability
147: Acts in breach of statute invalid
1: An act of a board is invalid (unless section 148
a: the act is contrary to, or outside the authority of, an Act; or
b: the act is done otherwise than for the purpose of performing its functions.
2: Subsection (1) 1989 No 80 Schedule 6
148: Some natural person acts protected
1: Section 147
a: an express restriction in an Act makes the act contrary to, or outside the authority of, the Act; or
b: the act was done otherwise than for the purpose of performing the board’s functions.
2: A person who relies on subsection (1)
3: A board must report, in its annual report, each transaction that the board has performed in the year to which the report relates that was invalid under section 147 subsection (1)
4: To avoid doubt, this section does not affect any person’s remedies under the general law (for example, remedies in contract).
5: In this section, natural person act
a: means an act that a natural person of full age and capacity can do (whether or not the act is something that is also authorised by an Act); and
b: includes entry into a contract for, or relating to,—
i: the acquisition of financial products (within the meaning of section 7
ii: the purchase, leasing, or sale of, or other dealings with, property; or
iii: the employment, or engagement of the services, of a person. 1989 No 80 Schedule 6
149: Acts that are not in best interests of board
It is irrelevant to the validity of an act that the act is not, or may not be, in the best interests of a board. 1989 No 80 Schedule 6
150: Dealings between boards and other persons
1: A board may not assert against a person dealing with the board that—
a: a person held out by the board to be a member, office holder, chief executive, employee, or agent of the board—
i: has not been duly appointed in that capacity or has ceased to be appointed in that capacity; or
ii: does not have the authority to exercise a power that, given the nature of the board, a person appointed to that capacity customarily has the authority to exercise; or
iii: does not have the authority to exercise a power that the board holds the person out as having; or
b: a document issued on behalf of the board by a member, office holder, chief executive, employee, or agent of the board who has actual or usual authority to issue the document is not valid or genuine.
2: However, a board may assert any of those matters if the person dealing with the board has, or could reasonably be expected to have had, knowledge of the matter.
3: Nothing in this section affects a person’s right to apply, in accordance with the law, for judicial review. 1989 No 80 Schedule 6
151: Personal liability of board members
1: A board member is not personally liable for—
a: any act done or omitted by the board; or
b: any loss to the board arising out of any act done or omitted by the board member.
2: However, subsection (1) 1989 No 80 Schedule 6 Financial and property matters and application of Crown Entities Act 2004
152: Board to be financially responsible
A board must perform its functions and exercise its powers in a way that is financially responsible. 1989 No 80 Schedule 6
153: Application of Crown Entities Act 2004
1: A board is a Crown entity for the purposes of section 7
2: However, that Act applies to boards only to the extent that subsection (3)
3: The provisions set out in Schedule 3
4: A board must comply with any direction given under section 107
5: If the board does not comply with a direction, it may be dismissed under section 171(1)﻿(i) 1989 No 80 Schedule 6
154: Restrictions on acquisition of securities
1: Sections 160 161
2: Under section 161
a: other than—
i: a debt security denominated in New Zealand dollars that is issued by a registered bank, or by any other entity, that satisfies a credit-rating test that is specified in regulations made under Part 4 Gazette
ii: a public security; or
b: otherwise than as provided in—
i: any regulations made under Part 4 of that Act; or
ii: any approval given jointly by the Minister of Education and the Minister of Finance; or
iii: this Act. 1989 No 80 Schedule 6
155: Restrictions on borrowing
1: Sections 160 162
2: Under sections 160 162
a: any regulations made under Part 4 of that Act; or
b: any approval given jointly by the Minister of Education and the Minister of Finance; or
c: this Act. 1989 No 80 Schedule 6
156: No delegation of power to borrow
A board may not delegate any power to borrow money that it may have under section 160 162 1989 No 80 Schedule 6
157: Restrictions on giving of guarantees and indemnities
1: Sections 160 163
2: Under sections 160 163
a: any regulations made under Part 4 of that Act; or
b: any approval given jointly by the Minister of Education and the Minister of Finance; or
c: this Act. 1989 No 80 Schedule 6
158: Restrictions on use of derivatives
1: Sections 160 164
2: Under sections 160 164
a: any regulations made under Part 4
b: any approval given jointly by the Minister of Education and the Minister of Finance; or
c: this Act. 1989 No 80 Schedule 6
159: Gifts
1: Any money or property that is gifted to a school may be accepted or disclaimed by the board in accordance with section 167
2: A limitation that is provided in this Act or that applies under the Crown Entities Act 2004
3: Subsections (1) and (2)
4: A board must hold the gift for the specific purpose declared by the giver.
5: Unless the giver has created a special trust, scholarships and bursaries from a gift must be open to every student at the school.
6: If the school for which a gift was given closes, the Minister must direct that the gift should apply to another school. 1989 No 80 Schedule 6
160: Real property
Except as provided in section 159 1989 No 80 Schedule 6
161: Occupancy of property and buildings
1: The Secretary may—
a: specify terms and conditions applying generally to land and buildings occupied by boards:
b: by written notice to a particular board, specify terms and conditions applying to land and buildings occupied by the board.
2: Terms and conditions subsection (1)
a: may apply to any land and buildings occupied by a board (regardless of who owns the property); but
b: to the extent that it applies to the board of a State integrated school, is subject to Schedule 6
3: Terms and conditions under subsection (1)
4: Subsection (3) subsection (1)
5: Terms and conditions may be specified under subsection (1)
a: a particular school or institution or particular schools or institutions; or
b: schools or institutions of particular classes or descriptions; or
c: all schools and institutions.
6: Terms and conditions under subsection (1)﻿(a) are secondary legislation ( see Part 3
7: Terms and conditions specified under subsection (1)
a: the land and buildings were owned by the Crown and the Crown has leased them to the board; and
b: the terms and conditions were part of the lease; and
c: the Crown had empowered the Secretary to exercise the Crown’s powers concerning the lease. 1989 No 80 Schedule 6 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	notify it in the Gazette Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 161(1) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 161(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 161(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
162: Leases and licences granted by boards
1: A board may, with the written consent of the Secretary, grant a lease or a licence to occupy to any person in respect of any land, buildings, or facilities occupied by the board.
2: The Secretary may agree to the grant of a lease or a licence by the board only if satisfied that—
a: the land, building, or facilities are not needed or used for the purposes of the school during the time covered by the lease or licence; and
b: the lease or licence is in the public interest; and
c: the lease or licence—
i: is for a purpose associated with educational outcomes and is to bring educational benefit to the school or its community, or to any other school; or
ii: is for a community purpose, and has no educational disadvantage for the school.
3: The Secretary must determine the terms and conditions of any lease or licence granted by a board by doing either or both of the following:
a: specifying
b: giving written notice to the board.
4: Terms and conditions specified under subsection (3)﻿(a) are secondary legislation ( see Part 3
5: In relation to a State integrated school, this section applies subject to Schedule 6 1989 No 80 Schedule 6 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	notify it in the Gazette Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 162(3)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 162(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
163: Other agreements to occupy school land or buildings
1: A board may not enter into an agreement unless the agreement—
a: is of a type permitted by subsection (4)
b: is consistent with this section and any conditions specified by subsection (4)
2: It is a condition of every agreement that the board has the right to enter, at any time, the land, buildings, or facilities that are the subject of the agreement.
3: No person has the right under an agreement to use or occupy any land, buildings, or facilities in such a way as to unduly interfere with the use, by the board for school purposes, of that land or those buildings or facilities, or any other land, buildings, or facilities of the school.
4: The Secretary may, by notice
a: identify the kinds of agreements (for example, agreements for the use of playing fields) that boards may enter into; and
b: specify conditions to which agreements, or specified types of agreements, are subject.
5: A notice under subsection (4) is secondary legislation ( see Part 3
6: In relation to a State integrated school, this section applies subject to Schedule 6
7: In this section, agreement section 162 1989 No 80 Schedule 6 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	notify it in the Gazette Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 163(1)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 163(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 163(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 163(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Programmes and monitoring
164: Teaching and learning programmes
The board of a school must ensure that the school’s principal and staff develop and implement teaching and learning programmes that—
a: give effect to any foundation curriculum policy statements and national curriculum statements made under section 90
b: give the school’s students access to a nationally and internationally recognised qualifications system. 2017 No 20 s 43 Section 164(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021
165: Monitoring of and reporting on student performance
1: The board of a school must ensure that the school’s principal and staff monitor and evaluate the performance of the school’s students.
2: Monitoring and evaluating must include, but is not limited to, monitoring and evaluating the performance of the students in relation to—
a: any foundation curriculum policy statements and national curriculum statements made under section 90
b: any qualifications system referred to in section 164(b)
3: The board must ensure that information about a student’s performance is given to a parent of the student in a timely manner and in a form that is readily understandable.
4: The board must report to the Secretary, to its school community, and to parents on the performance of the school’s students in accordance with any regulations made under section 639 2017 No 20 s 43 Section 165(2)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Code of conduct
166: Code of conduct for board members
1: The Minister may
a: sets out the minimum standards of conduct that each member is required to meet; and
b: is consistent with any code issued under section 598
2: Before issuing a code of conduct for the members of State school boards, the Minister—
a: must consult the national bodies representing the interests of boards; and
b: may consult any other persons or bodies that the Minister thinks fit.
3: A code of conduct under this section—
a: is secondary legislation ( see Part 3
b: comes into force on a date specified in it, being not less than 28 days after it is published under that Act.
4: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	notify it in the Gazette Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 166(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 166(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 166(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
167: Boards may augment code of conduct for board members
A board, by resolution, may specify additional standards of conduct for its members provided they are consistent with any code issued under section 166
168: Board members must comply with code of conduct
1: Every board member must comply with any code issued under section 166
2: However, if a conflict between a standard in a code issued under section 166 section 167 section 485 section 485
169: Sanctions for failures to comply with code of conduct
1: A board may, by resolution, censure a board member (other than a principal) for any significant or persistent breach of a code issued under section 166 section 167
2: The Minister may remove a board member (other than a principal) if—
a: the board member has significantly or persistently breached a code issued under section 166 section 167
b: the board—
i: considers the board member’s failure to comply with the code warrants the removal of the board member; and
ii: has presented the Minister with a written report about the board member’s failure that recommends the removal of the board member; and
c: the Minister is satisfied that there is just cause to remove the board member.
3: The removal must be made by written notice to the board member (with a copy to the board).
4: The notice must state—
a: the day on which the removal takes effect, which must be no earlier than the day on which the notice is received; and
b: the reasons for the removal.
5: The Minister must notify the removal in the Gazette
6: The Minister may remove a board member with as little formality and technicality, and as much expedition, as is permitted by—
a: the principles of natural justice; and
b: a proper consideration of the matter; and
c: the requirements of this section.
7: In this section, just cause 1989 No 80 ss 176C 176D Validation
170: Validation and invalidation of board elections
1: Subsection (2)
a: anything required to be done in connection with an election under this Act—
i: has been done after the time it is required to be done; or
ii: has not been done at all; or
iii: has been done irregularly; and
b: the Minister thinks the lateness, omission, or irregularity could not materially have affected the result of the election.
2: If this subsection applies, the Minister may, by notice in the Gazette
3: Where anything required to be done in connection with an election under this Act cannot be done at or by the time at or by which it is required to be done, the Minister may, by notice in the Gazette
4: Subsection (5)
a: any lateness, omission, or irregularity that is capable of being validated under this section, but that the Minister thinks it would be improper or undesirable to validate; or
b: any other irregularity that the Minister thinks could materially have affected the result of the election.
5: If this subsection applies, the Minister may within 60 days of the election, by notice in the Gazette
a: declare the election invalid; and
b: require a new election to be held on a day specified in the notice; and
c: either—
i: declare that the board members holding office on the date of the invalid election remain in office until the close of the day before the day on which the new board members take office; or
ii: direct the Secretary to appoint a commissioner to act in place of the board until the close of the day before the day on which the new board members take office. 1989 No 80 s 101D Interventions in State schools
171: Interventions in State schools by Secretary or Minister
1: The following interventions may be used in relation to a State school:
a: a requirement by the Secretary for information:
b: a requirement by the Secretary for a board to engage specialist help:
c: a requirement by the Secretary for a board to prepare and carry out an action plan:
d: a requirement by the Secretary that the board attend a case conference to enable a particular issue or particular issues to be discussed and actions to be agreed:
e: a requirement by the Secretary that the board engage an appropriately qualified person to undertake a specialist audit of any aspect of the school’s affairs:
f: the issuing by the Secretary to the board of a performance notice requiring the board to carry out a specified action by a specified date:
g: the appointment by the Minister of a board member (who may be the presiding board member) to the board for a specified period of time:
h: the appointment by the Secretary, at the direction of the Minister, of a limited statutory manager:
i: the dissolution
j: the dissolution of a board by the Secretary and the appointment of a commissioner in accordance with section 181(3)
2: The Secretary may use an intervention described in subsection (1)﻿(a) to (f)
3: The Secretary or the Minister may use an intervention described in subsection (1)﻿(g) to (i)
4: The Secretary or the Minister may use an intervention described in subsection (1)
a: the board:
b: for a State integrated school, the school's proprietors.
5: When applying an intervention, the Secretary or the Minister must apply whichever intervention they consider is reasonable to deal with the risk without intervening more than necessary in the affairs of the school.
6: The application of any one intervention does not preclude applying any other intervention, either concurrently or at any other time. 1989 No 80 s 78I Section 171(1)﻿(i) amended 16 December 2021 section 14 Education and Training Amendment Act 2021 Section 171(1)﻿(j) replaced 16 December 2021 section 14 Education and Training Amendment Act 2021 Section 171(2) amended 16 December 2021 section 8 Education and Training Amendment Act 2021
172: Requirement to provide information
1: The Secretary may, by written notice to a board, require the board to provide specified information—
a: as at a given time or times; or
b: at specified intervals; or
c: both.
2: The Secretary may also require, in the notice, that an analysis of the specified information be provided.
3: A board that receives a notice under subsection (1)
a: by the time or times, or at the intervals, or both, as specified in the notice; and
b: in the form (if any) required by the Secretary. 1989 No 80 s 78J
173: Specialist help
1: The Secretary may, by written notice to a board, require the board to engage specified specialist help.
2: A notice given under subsection (1)
3: The Secretary may also require, in the notice, that the board provide to the Secretary a report or reports (for example, a progress report and a final report) on the specialist help—
a: by the specified time or times; or
b: at the specified intervals; or
c: both.
4: A board that receives a notice under subsection (1)
a: engage the specialist help as soon as practicable; and
b: pay the fees and reasonable expenses of any person or organisation engaged to provide specialist help, unless the Secretary determines otherwise; and
c: provide a report or reports to the Secretary at the time or times, or intervals, specified in the notice. 1989 No 80 s 78K
174: Action plans
1: The Secretary may, by written notice to a board, require the board to prepare and carry out an action plan, and any notice must specify—
a: the matters that the action plan must address; and
b: the outcomes sought; and
c: the time within which a draft action plan must be prepared.
2: A board that receives a notice under subsection (1)
3: The Secretary may negotiate with the board over the draft action plan in order to reach an agreed plan, but if, after a reasonable period, the board and the Secretary have not reached agreement over the content of the action plan, the Secretary may give notice to the board that the Secretary is to approve a particular version of the plan.
4: When the Secretary has approved an action plan, the board must—
a: implement it in accordance with its terms, unless or until the Secretary directs otherwise; and
b: make the plan available as if it were part of the strategic plan required under section 138 1989 No 80 s 78L
175: Case conference
1: The Secretary may, by written notice to a board, require the board to attend a case conference on a specified date.
2: The notice must specify the issue or issues to be discussed.
3: A board that receives a notice under subsection (1)
4: The Secretary may invite any person to attend the case conference if the Secretary considers that the person’s presence at the conference is desirable.
5: If the case conference results in the parties reaching agreement on any action or actions to address any issue or issues, the agreement—
a: must be recorded in writing; and
b: is binding on the parties.
6: If the Secretary and the board are not able to agree on an action or actions to address any issue or issues, the Secretary may, by written notice to the board, require it—
a: to take a particular action or particular actions; and
b: to provide the Secretary with a report or reports (for example, a progress report and a final report) on the action or actions taken—
i: as at a given time or given times; or
ii: at specified intervals; or
iii: both.
7: A board that receives a notice under subsection (6)
a: in relation to a requirement to take a particular action or particular actions, take the action or actions as soon as practicable; and
b: if the notice includes a requirement to report to the Secretary, provide a report or reports at the time or times, or intervals, specified in the notice. 1989 No 80 s 78LA
176: Specialist audit
1: The Secretary may, by written notice to the board, require a board to engage an appropriately qualified person to undertake a specialist audit of any aspect of the school’s affairs.
2: A notice given under subsection (1)
3: The Secretary may also require, in the notice, that the board provide the Secretary with a report or reports (for example, a progress report and a final report) on the audit—
a: as at a given time or times; or
b: at specified intervals; or
c: both.
4: A board that receives a notice under subsection (1)
a: undertake the audit as soon as practicable; and
b: pay the fees and reasonable expenses of any person or organisation engaged to undertake the audit, unless the Secretary determines otherwise; and
c: provide a report or reports to the Secretary at the time or times, or intervals, specified in the notice. 1989 No 80 s 78LB
177: Performance notice
1: The Secretary may, by written notice to a board, issue a performance notice requiring the board to carry out a specified action by a specified date.
2: The Secretary may also require, in the notice, that the board provide the Secretary with a report or reports (for example, a progress report and a final report) on the action taken—
a: as at a given time or given times; or
b: at specified intervals; or
c: both.
3: A board that receives a notice under subsection (1)
a: take the action by the date specified in the notice; and
b: provide a report or reports to the Secretary at the time or times, or intervals, specified in the notice. 1989 No 80 s 78LC
178: Appointment of additional board member by Minister
1: The Minister may, by written notice to a board, appoint an additional board member, and the Minister may also appoint that board member as the presiding board member.
2: The notice must specify a period of time for which the appointment is made.
3: A person who is ineligible to be a board member under this Act or any regulations made under this Act may not be appointed under this section. 1989 No 80 s 78LD
179: Amendment and revocation of notices
1: The Secretary may, by giving written notice to a board, amend or revoke a notice given by the Secretary under any of sections 172 to 177 180 181
2: The amendment or revocation takes effect on the date specified in the notice. 1989 No 80 s 78LE
180: Limited statutory manager
1: The Minister may, by notice in the Gazette
2: A notice under subsection (1)
a: any functions, powers, and duties of the board (whether statutory or otherwise) that are to be vested in the limited statutory manager; and
b: any matters on which the limited statutory manager may or must advise the board; and
c: any conditions attaching to the exercise of the powers by the board or by the limited statutory manager.
3: On publication of the Gazette
a: appoint a person to be the limited statutory manager for the board; and
b: state the date on which the appointment takes effect.
4: A notice under subsection (3)
a: by the limited statutory manager’s own name; and
b: as being of a named body corporate.
5: On and from the date on which the limited statutory manager’s appointment takes effect,—
a: any functions, powers, or duties of the board specified in a notice under subsection (1)
b: the board must take into consideration advice given by the limited statutory manager on any matter on which the manager is obliged to give advice; and
c: any conditions specified in the notice apply.
6: The board must pay the fees and expenses of a limited statutory manager appointed for it, unless the Secretary determines otherwise.
7: The Minister may, by notice in the Gazette subsection (1)
8: If the Minister is satisfied that the appointment of the limited statutory manager is no longer required, the Minister must revoke the notice under subsection (1) 1989 No 80 s 78M
181: Dissolution of board and appointment of commissioner
1: The Minister may, by notice in the Gazette
2: On publication of a notice under subsection (1) Gazette
3: The Secretary may, by notice in the Gazette
a: the board has not held a meeting during the previous 3 months:
b: so many casual vacancies have arisen that there is no longer any board member who is eligible to preside at meetings of the board:
c: the result of an election of board members is that the board has fewer than 3 board members elected by parents:
d: an election of board members has not been held as required by this Act:
e: it is impossible or impracticable to discover the results of an election of board members:
f: the Minister has directed the Secretary to appoint a commissioner under subsection (1)
4: A notice under subsection (2) or (3)
a: by the commissioner’s own name; and
b: as being of a named body corporate. 1989 No 80 s 78N
182: No compensation for loss of office
1: A board member is not entitled to any compensation or other payment or benefit relating to the board member ceasing for any reason to hold office as a board member.
2: A board must ensure, to the extent that it is reasonably able to do so, that each of its Crown entity subsidiaries does not pay directors of the subsidiary any compensation or other payment or benefit, on any basis, for ceasing for any reason to hold office.
3: However, subsections (4) and (5)
4: The entitlement is not affected by the enactment of this section.
5: The entitlement is cancelled on the date of reappointment of the board member or director or of the member to the committee (if any). 1989 No 80 s 78NA
183: Commissioners
1: A commissioner appointed under section 170(5)﻿(c)﻿(ii) 181
2: Anything that, if done by or on behalf of the board, must be done by affixing the board's seal, or by the signature of 2 or more board members, or both, may be done by the signature of the commissioner.
3: The remuneration of the commissioner must be determined by the Secretary and paid for out of funds of the board, unless the Secretary determines otherwise. 1989 No 80 s 78O
184: Commissioner sets date for election of board members
1: In the case of a commissioner appointed under section 181(2)
2: In the case of a commissioner appointed under section 181(3)
3: A commissioner's appointment ends 7 days after the date that the commissioner has set for the election of board members. 1989 No 80 s 78P
185: Personal liability of limited statutory managers and commissioners
A limited statutory manager or commissioner is not personally liable for any act done or omitted by the manager or commissioner, or for any loss arising out of any act done or omitted by them, if the act or omission was in good faith and occurred in the course of performing their functions. 1989 No 80 s 78Q
186: Annual review of interventions
Within 1 year of the date of a notice under any of sections 172 to 178 180 181 1989 No 80 s 78R
187: Application of interventions to State integrated schools
1: The Secretary must, if practicable, consult with the proprietors of a State integrated school before appointing a limited statutory manager or commissioner for the school, and must have regard to any recommendations made by the proprietors.
2: If the Secretary considers that it is not practicable to consult with the proprietors before making an appointment, the Secretary must consult with the proprietors after making the appointment and must consider whether, in light of any recommendations made by the proprietors, a different person should be appointed in place of the original appointee. 1989 No 80 s 78S
188: Application of interventions to Kura Kaupapa Māori
1: Before applying any of the interventions in this subpart to a Kura Kaupapa Māori, the Secretary must consult with te kaitiaki o Te Aho Matua.
2: Subsection (1) 1989 No 80 s 78T
6: Establishment and designation of State schools
189: Overview: classifications and types of State schools
This subpart concerns—
a: the following classifications of State schools:
i: primary school:
ii: intermediate school:
iii: secondary school:
iv: composite school:
b: the following types of State schools:
i: ordinary State school:
ii: designated character school, including Kura Kaupapa Māori:
iii: State integrated school:
iv: specialist school:
v: distance school.
190: Minister may establish State schools
1: The Minister may, by notice in the Gazette
a: describing the place where the school is to be located; and
b: for a secondary school, specifying whether it is a boys' school, a girls' school, or a co-educational school; and
c: specifying a name for the school.
2: A decision to establish a school under subsection (1)
3: A school established under this section must be established as a primary, an intermediate, a secondary, or a composite school, and the notice establishing it must specify what classification of school it is.
4: A notice under subsection (1)
5: A notice under subsection (1)
6: Despite clauses 3 4
7: This section is subject to section 209 1989 No 80 s 146
191: Single-sex schools
1: The Minister may, by notice in the Gazette
2: A declaration under subsection (1)
3: The Minister may, by notice in the Gazette
a: in the case of a boys' school, the number of girls who may enrol at it, or the proportion of the total roll of the school that may be girls:
b: in the case of a girls' school, the number of boys who may enrol at it, or the proportion of the total roll of the school that may be boys.
4: In setting limits under subsection (3)
5: Subsection (1) section 209 1989 No 80 s 146A
192: Names of State schools
1: The name of a State school established after 31 December 1989 must be the name specified in the notice establishing it.
2: The name of a State school whose classification has been changed under section 198
3: The name of a State school established before 1 January 1990 must be the name it had on 1 December 1989.
4: However, the board of the State school may, by resolution and with the Secretary's written consent, change the school's name.
5: The Secretary may not withhold consent under subsection (4) 1989 No 80 s 147
193: Normal schools, etc
1: The Minister may, by notice in the Gazette
a: designate 1 or more specified primary schools as normal or model schools for providers of pre-service teacher education:
b: designate within a specified primary school a normal or model school, or model class, for providers of pre-service teacher education:
c: revoke any designation under this section.
2: Subsection (1)
3: Every school that was on 31 December 1989 designated a normal or model school under section 72
4: Every normal or model school, or model class, that was on 31 December 1989 designated within a primary school under section 72
5: Subsection (1) section 209 1989 No 80 s 148
194: Contributing schools
1: The Minister must determine which primary schools are to be or cease to be contributing schools.
2: If the Minister determines that a primary school is to be or cease to be a contributing school, the Minister must give the school’s board written notice of the determination.
3: While a primary school is a contributing school, its board must limit the education given at the school to students enrolled in year levels—
a: not higher than year 6; and
b: if the Minister allows in a notice given under subsection (2)
4: However, if satisfied that there are enrolled at a contributing school students whose education at the school is wholly or in part bilingual, the Minister may, by written notice to the board specifying the languages concerned, permit the board to give education to those students in accordance with conditions specified in the notice.
5: Every school that was on 31 December 1989 a contributing school of any other school under section 74 subsection (1)
6: This section applies to a school designated as a contributing school under section 190(5) subsection (1) subsection (2)
7: In determining that a school should be or should cease to be a contributing school, the Minister may provide for education at specified year levels to be phased in or phased out over a specified period or specified periods.
8: Subsection (1) section 209 1989 No 80 s 150
195: Provision of education at composite schools
1: The Minister may, by written notice to the board of a composite school, require the board to provide education for the year levels specified in the notice, and if the Minister does so, the board must provide the education at the school accordingly.
2: Subsection (1) section 209 1989 No 80 s 151
196: Distance schools
1: The Minister may, by notice in the Gazette
a: when establishing the school, or at any other time, designate a State school that is not a State integrated school as a distance school; or
b: at any time, remove a designation under paragraph (a)
2: However, the Minister may not designate a school as a distance school, or cancel a designation as a distance school, without having regard to the education of people unable conveniently to receive tuition from a suitable State school that is not a distance school.
3: Subject to clauses 8(7) 12 Gazette section 122(1)
4: With the consent of the Minister, a distance school may provide early childhood education.
5: A distance school may deliver education through any medium, including digital technology.
6: The school that was, immediately before the commencement of the Education Amendment Act 1989, a correspondence school is to be treated as having been—
a: established under section 190
b: designated under subsection (1) 1989 No 80 s 152
197: Specialist schools and special services
1: The Minister may, having regard to the provision of special education in any locality or localities,—
a: establish a specialist school:
b: establish, or authorise the establishment of, any special service.
2: The Minister may disestablish a specialist school or special service established under subsection (1)
a: is dissatisfied with the manner in which the school or service is being conducted; or
b: considers that sufficient provision is made by another similarly established school or service, or by any other school or class in or reasonably near to the same locality. 1964 No 135 s 98
198: Minister may change classification of school
1: The Minister may, by notice in the Gazette
a: declare a composite school to be a primary, an intermediate, or a secondary school:
b: declare a primary, an intermediate, or a secondary school to be a composite school:
c: declare an intermediate school to be a primary or secondary school:
d: declare a primary or secondary school to be an intermediate school.
2: Subsection (1)
3: The Minister may, by notice in the Gazette subsection (1)
4: A decision to change the classification of a school under subsection (1) subsection (3)
5: A notice under subsection (1)
6: Subject to clauses 8(7) 12
7: Subsections (1) and (3) section 209 1989 No 80 s 153
199: Minister may close State school
1: This section applies if, after consulting the board of a State school, the Minister is satisfied that the school should be closed.
2: Before making a decision under subsection (1)
3: The Minister may, after considering all arguments (if any) received from the board within 28 days after it received notice under subsection (2) Gazette
4: If the board of a State school advises or indicates to the Minister in writing that it agrees to or does not oppose the proposed closure of the school, the Minister may (despite anything in subsection (2) or (3) subsection (1) subsection (3)
5: A decision to close a school under subsection (3)
6: If a school is closed under this section,—
a: its board must be treated as having been dissolved; and
b: all assets, liabilities, and debts that the board had immediately before dissolution must be treated as assets, liabilities, and debts of the Minister.
7: Without limiting subsection (6)﻿(b)
a: the Minister may apply to Public Trust to devise a scheme to modify the trust for the benefit of another school:
b: if the Minister applies under paragraph (a) section 208(2) to (8)
8: A school that has been closed may not be reopened, except by being established again under this Act.
9: This section is subject to section 209 clause 22 1989 No 80 s 154
200: Minister may designate and redesignate schools
1: The Minister may, by notice in the Gazette
a: designate a State school that is not a Kura Kaupapa Māori or a designated character school as a Kura Kaupapa Māori or a designated character school:
b: remove the designation of a Kura Kaupapa Māori and redesignate it as a designated character school:
c: remove the designation of a designated character school and redesignate it as a Kura Kaupapa Māori:
d: remove the designation of a Kura Kaupapa Māori or a designated character school while keeping the school established as a State school.
2: The designation or removal of a designation of a school takes effect on the date specified in the notice under subsection (1) section 204
a: applies to a school that is designated as a Kura Kaupapa Māori or as a designated character school; and
b: ceases to apply to a school that has had its designation as a Kura Kaupapa Māori or a designated character school removed.
3: A notice under subsection (1)
4: Section 204
5: No school may have its designation as a Kura Kaupapa Māori removed unless the Minister has first consulted with te kaitiaki o Te Aho Matua.
6: No State school may be designated as a Kura Kaupapa Māori unless the Minister has first consulted with te kaitiaki o Te Aho Matua on the ability of the school to operate in accordance with Te Aho Matua.
7: Section 204 1989 No 80 s 154A
201: Kura Kaupapa Māori
1: When establishing a State school as a designated character school under sections 204 205
2: The Minister may establish a school as a Kura Kaupapa Māori in accordance with this section only. 1989 No 80 ss 155 155C
202: Te Aho Matua
1: The official version of Te Aho Matua is the statement (including any gazetted amendments) in te reo Māori that is—
a: prepared by te kaitiaki o Te Aho Matua; and
b: published in the Gazette
2: The Minister may authorise the reprinting of all, or the amendment of any part, of Te Aho Matua in the Gazette
3: When all, or an amendment to any part, of Te Aho Matua is published in the Gazette Gazette
4: The explanation must be one that te kaitiaki o Te Aho Matua has approved as being an accurate interpretation of the meaning of the Māori text. 1989 No 80 s 155A
203: Protection of term Kura Kaupapa Māori
1: A registered school may not use the term Kura Kaupapa Māori in its name unless the school is established under section 204
2: Subsection (1) section 201 1989 No 80 s 155F
204: Designated character schools
1: When establishing a State school, the Minister may designate the school as a designated character school in accordance with this section and section 205
2: The Minister may, in the Minister’s absolute discretion, refuse to establish a designated character school.
3: The Minister may not establish a school as a designated character school unless satisfied that, if the school is established,—
a: for a school that is also to be designated as a Kura Kaupapa Māori under section 201
i: te reo Māori is to be the main language of instruction at the school; and
ii: the school is to operate in accordance with Te Aho Matua:
b: for any other type of designated character school, the school is to have a character that is in some specific way or ways different from the character of ordinary State schools (its different character
c: for any designated character school, it is desirable for students whose parents want them to do so to get such an education:
d: for any designated character school, students at the school are to receive an education of a kind that differs significantly from the education they would get at an ordinary State school.
4: The Minister may not also designate a designated character school as a Kura Kaupapa Māori unless the Minister has first consulted te kaitiaki o Te Aho Matua on the ability of the school to operate in accordance with Te Aho Matua.
5: The board of a designated character school must ensure,—
a: for a Kura Kaupapa Māori, that—
i: te reo Māori is the principal language of instruction at the school; and
ii: the school operates in accordance with Te Aho Matua:
b: for any other type of designated character school, that—
i: the aims, purposes, and objectives of the school’s different character are set out in the school’s strategic plan; and
ii: the school operates consistently with its different character.
6: A designated character school that is a Kura Kaupapa Māori may have other special characteristics that give it a particular character (its special characteristics
7: The Secretary must, by written notice to a designated character school, fix a maximum roll of the school, and the board must ensure that the number of students enrolled at the school is not more than the maximum roll.
8: A board of a designated character school may refuse to enrol students whose parents do not accept,—
a: for a Kura Kaupapa Māori, that the school operates in accordance with Te Aho Matua:
b: for any other type of designated character school, that the school operates consistently with its different character.
9: Except as provided in this section, clause 16 1989 No 80 s 156
205: Process for establishing designated character schools
1: The Minister may, by notice in the Gazette
2: Before doing so, the Minister must be satisfied of the matters in section 204(3) section 204(4)
3: The notice establishing a designated character school must,—
a: for a Kura Kaupapa Māori,—
i: specify the name of the school, which must at all times begin with the words “Te Kura Kaupapa Māori o”; and
ii: state that the school will operate in accordance with Te Aho Matua; and
iii: summarise any other special characteristics of the school:
b: for any other type of designated character school, describe the different character of the school (as defined in section 204(3)﻿(b)
c: for any designated character school, state the constitution of the school’s board.
4: The notice establishing a designated character school that is not a Kura Kaupapa Māori may also name a body that has a special affiliation with the school or has responsibility for the different character of the school.
5: The Minister may, after consultation with the board of a designated character school, by notice in the Gazette
a: for a Kura Kaupapa Māori,—
i: amend the name of the school (but not so as to omit the words “Te Kura Kaupapa Māori o”):
ii: amend the summary of special characteristics of the school:
b: for any other type of designated character school,—
i: amend the description of the different character of the school:
ii: name a body that has a special affiliation with the school or has responsibility for the different character of the school:
c: for any designated character school, amend the statement of the constitution of the board.
6: The Minister must consult any body named under subsection (4) or (5)﻿(b)﻿(ii) 1989 No 80 s 156AA
206: Minister may merge schools
1: The Minister may, by notice in the Gazette
a: 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
b: the consultation that has taken place has been adequate in all the circumstances; and
c: the creation of a single school by the merger is appropriate in the circumstances.
2: A decision to merge a school under subsection (1)
3: A notice under subsection (1)
a: the merging schools are part of the continuing school:
b: if the continuing school and each merging school are not already administered by a single board,—
i: the board of each merging school is dissolved; and
ii: 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 classification specified in the notice and provides education for the student year levels specified in the notice.
4: A notice under subsection (1)
5: Before a notice under subsection (1) Gazette
a: during the period between a date specified in the notice and the date on which new board members take office following an election, the board of the continuing school is to be—
i: the board of the continuing school plus co-opted board members representing each merging school; or
ii: a board appointed by the Minister; or
b: the board of the continuing school is to have an alternative constitution approved under clause 4
6: This section is subject to sections 207 209 1989 No 80 s 156A
207: Restrictions on mergers in certain cases
1: A Kura Kaupapa Māori established after the commencement of the Education (Te Aho Matua) Amendment Act 1999
a: operate in accordance with Te Aho Matua; and
b: use te reo Māori as the principal language of instruction.
2: Any other Kura Kaupapa Māori may merge with another school only if both schools use te reo Māori as the principal language of instruction and have the same aims, purposes, and objectives.
3: A designated character school may not merge or be merged with another designated character or other school unless the schools involved in the merger have the same aims, purposes, and objectives, being the aims, purposes, and objectives that constitute the way in which the character of each school is different from the character of ordinary State schools. 1989 No 80 s 156B
208: Property held in trust
1: This section applies to any property that, immediately before 2 or more schools merged under section 206
a: by the board of 1 (or more) of those schools; or
b: by any other person or body for the benefit of—
i: 1 (or more) of those schools; or
ii: the students or former students of 1 (or more) of those schools.
2: The property continues to be subject to the trust concerned, but the person or body in whom it is vested may apply to Public Trust to devise a scheme to modify the trust in light of the merger of the schools concerned.
3: If satisfied that adequate arrangements have been made to meet the costs of doing so, Public Trust must, in consultation with the board concerned, devise a scheme to modify any trust in respect of which Public Trust has received an application under this section and notify the Solicitor-General of the scheme.
4: If Public Trust notifies the Solicitor-General of a scheme, the Solicitor-General may, by written notice to Public Trust,—
a: approve the scheme (as originally notified or with any amendments agreed by Public Trust after consultation with the board concerned); or
b: suggest amendments to it; or
c: direct that it should not proceed.
5: If the Solicitor-General directs that it should not proceed, the matter may be dealt with under the Charitable Trusts Act 1957.
6: If, within 90 days of being notified of a scheme, the Solicitor-General does not suggest amendments to it or direct that it should not proceed, the Solicitor-General is to be treated as having approved the scheme.
7: If the Solicitor-General approves a scheme notified under this section, the trust concerned has effect accordingly.
8: The Solicitor-General may not approve a scheme under this section unless satisfied that—
a: it modifies the trust concerned so as best to give effect to the intentions of the testator, settlor, or other person or body by whom or which the trust was established; and
b: subject to paragraph (a) 1989 No 80 s 156C
209: Consultation
1: The Minister must consult the board of the State school concerned before—
a: declaring a school to be a single-sex school or a co-educational school under section 191(1)
b: setting limits by notice under section 191(3)
c: designating a primary school as a normal or model school under section 193(1)﻿(a)
d: designating a normal or model school or a model class within a primary school under section 193(1)﻿(b)
e: revoking a designation under section 193(1)﻿(c)
f: determining under section 194(1)
g: limiting the education given at a composite school under section 195
h: changing the classification of a school under section 198(1)
2: The Minister must consult the boards of all the State schools whose rolls might, in the Minister’s opinion, be affected before—
a: establishing a school under section 190(1)
b: declaring a school to be a single-sex school or a co-educational school under section 191(1)
c: determining under section 194(1)
d: limiting the education given at a composite school under section 195
e: changing the classification of a school under section 198(1)
f: closing a school under section 199
g: redesignating, or removing a designation from, a school under section 200
h: merging a school or schools with another under section 206
3: Subsection (2)﻿(f) and (h) 1989 No 80 s 157
210: Community education forums
1: The Minister may appoint a person to—
a: convene within a specified area public meetings relating to any action the Minister is considering in respect of State schools; and
b: advise the Minister on the views expressed at the meetings.
2: The Minister may take, or refuse to take, the action without—
a: giving the person reasonable time to convene the meetings and advise the Minister; and
b: considering any advice the person gives the Minister in that time. 1989 No 80 s 157A
211: State integrated schools part of State system
1: Subject to subsection (2)
a: on integration, a State integrated school becomes part of the State system of education in New Zealand; and
b: this Act and regulations made under this Act apply to a State integrated school.
2: The enactments applied to State integrated schools by subsection (1)﻿(b) Schedule 6 1989 No 80 s 417
212: Application to negotiate integration
The proprietor of a private school, and any person who proposes to establish a school with the intention that it become a State integrated school, may apply to the Minister to enter into negotiations for integration under Schedule 6 1989 No 80 s 418
7: Private schools
213: Secretary may require application for registration of school
The Secretary may require the managers of a private entity that is not registered under section 214 section 38 1989 No 80 s 35B
214: Registration of private schools
1: This section applies if the managers of an existing school or proposed school wish the school to be registered as a private school under this section.
2: The managers must apply to the Secretary, on a form provided by the Secretary for the purpose, for its provisional registration as a primary, secondary, or special private school, or as a school of 2 or all of those descriptions.
3: The provisional and full registration of private schools, and the operation of private schools, must be done in accordance with Schedule 7 1989 No 80 s 35A(1)
8: Secondary–tertiary programmes
215: Recognition of secondary–tertiary programmes
The Minister may recognise, and the Secretary may enter into an agreement with, a provider group of secondary–tertiary programmes in accordance with Schedule 8
9: Resolving serious disputes
216: Purpose
The purpose of this subpart is to establish a dispute resolution scheme to facilitate and promote the resolution of serious disputes between students and State schools in an effective, flexible, and timely manner.
217: Meaning of serious dispute
In this subpart, serious dispute
a: the student’s right to enrol at or attend the school:
b: the student’s rights to education under this Act generally:
c: the learning support the student receives at the school:
d: the standing-down, suspension, exclusion, or expulsion of the student by the school:
e: any racism or other form of discrimination that is a prohibited ground of discrimination specified in section 21(1)
f: the student’s physical or emotional safety while at the school:
g: any physical restraint used on the student by a teacher or an authorised staff member employed or engaged by the school.
218: Dispute resolution panels
1: One or more dispute resolution panels may be established by regulations made under section 644
2: Each dispute resolution panel must consist of the combination of local community members and expert members specified in the regulations.
219: Chief Referee and deputy chief referees
1: The Minister may appoint a Chief Referee and, if required, may appoint 1 or more deputy chief referees for the purposes of this subpart and in accordance with any regulations made under section 644
2: No person may be appointed as Chief Referee unless the person—
a: holds a Bachelor of Laws from a university in New Zealand or a qualification that the Minister considers is equivalent to that qualification; and
b: is capable, because of the person’s personal attributes, knowledge, and experience, of performing the functions of the Chief Referee set out in section 220
3: A deputy chief referee must be appointed in the same manner, and must meet the same criteria, as the Chief Referee.
4: Subject to the control of the Chief Referee, a deputy chief referee may perform all the functions of the Chief Referee.
220: Functions of Chief Referee
1: The functions of the Chief Referee are—
a: to receive and consider applications for resolution of serious disputes; and
b: to appoint the members and chairperson of dispute resolution panels; and
c: to maintain a list of persons suitable to serve as expert members and local community members of dispute resolution panels; and
d: to carry out any other functions as necessary to support the conduct and administration of dispute resolution panels established for the purposes of this subpart.
2: The Chief Referee may delegate in writing any of the Chief Referee’s functions or powers to any person or office holder, or class of person or office holder, specified in regulations made under section 644
3: The Chief Referee and a deputy chief referee may be an expert member of a dispute resolution panel. Application for dispute resolution
221: Application for dispute resolution
1: The following persons may apply to the Chief Referee for a serious dispute to be resolved by a dispute resolution panel:
a: a student aged 16 years or over:
b: in the case of a student aged under 16 years, the student and a parent, guardian, or full-time caregiver of the student:
c: in the case of a student aged under 16 years and who is in care—
i: the student and a guardian of the student; or
ii: the student and the chief executive, person, body, or organisation referred to in section 7(4) of the Oranga Tamariki Act 1989 (or their nominated representative) who has the custody or care of the student.
2: However, an application may be made only if, before making the application, the applicant has given the board an opportunity to resolve the dispute by agreement and—
a: the applicant is dissatisfied with that process or the outcome (or both); or
b: the board has refused to do so.
3: For the purposes of subsection (1)﻿(c) in care section 7(4)
222: Form of application
1: An application may be made orally or in writing.
2: However, an application made orally must be put in writing as soon as practicable.
3: An application must include a statement setting out—
a: the nature of the serious dispute; and
b: what steps the applicant has taken to resolve the serious dispute with the board before seeking to refer the matter to a dispute resolution panel.
223: Procedure on receipt of application
1: As soon as practicable after receiving an application, the Chief Referee must consider the application and—
a: decide to accept the application and refer the matter to a dispute resolution panel; or
b: decide, in accordance with section 224
2: As soon as practicable after making a decision, the Chief Referee must give written notice to the applicant of that decision.
224: Grounds for declining application
The Chief Referee may decline an application if satisfied that—
a: the applicant has not made reasonable efforts to resolve the serious dispute with the board before making the application; or
b: the subject matter of the application is trivial; or
c: the application is frivolous or vexatious; or
d: the application involves a dispute or complaint that would be more appropriately dealt with by another body. Dispute resolution process
225: Appointment of mediator
1: If a serious dispute is referred to a dispute resolution panel under section 223(1)﻿(a)
2: The mediator may be a panel member.
3: However, if the mediator is a panel member, the person must not continue to serve on the panel if the panel decides to make a recommendation under section 227 section 228
226: Panel may make recommendation or determination
1: This section applies if a dispute resolution panel considers that it is inappropriate to appoint a mediator under section 225
2: The dispute resolution panel may do either or both of the following:
a: make 1 or more of the recommendations set out in section 227
b: make a determination in relation to the serious dispute and take 1 or more of the actions set out in section 228
3: A recommendation under subsection (2)﻿(a)
4: A determination under subsection (2)﻿(b)
227: Recommendations
For the purposes of section 226(2)﻿(a)
a: that the board reverse or modify its original decision in relation to the student:
b: that the board apologise to the student:
c: that the board refrain from continuing or repeating the conduct that gave rise to the serious dispute:
d: that the board—
i: review any of its rules, bylaws, or policies relating to the conduct that gave rise to the serious dispute:
ii: establish any rule, bylaw, or policy relating to the conduct that gave rise to the serious dispute:
e: that the board take any other relevant action to resolve the serious dispute.
228: Determinations
1: If the panel decides to determine the serious dispute under section 226(2)﻿(b)
a: confirm, reverse, or modify the board’s original decision in relation to the student:
b: make a declaration that the board has committed a breach of the student’s rights:
c: make a recommendation that the board—
i: review any of its rules, bylaws, or policies relating to the conduct that gave rise to the serious dispute:
ii: establish any rule, bylaw, or policy relating to the conduct that gave rise to the serious dispute:
iii: take any other relevant action to resolve the serious dispute:
d: make 1 or more of the following orders:
i: an order that the board apologise to the student:
ii: an order that the board refrain from continuing or repeating the breach, or from engaging in conduct of any similar kind specified in the order in relation to the student:
iii: an order setting out the detail of what the parties must do to comply with a determination confirming, reversing, or modifying the board’s original decision in relation to the student:
iv: an order setting out the particulars of any other relevant action that the panel directs the board to take.
2: If the parties have agreed to be bound by an order made under subsection (1)﻿(d) section 644
229: Participation in dispute resolution process
1: If a serious dispute is referred to a dispute resolution panel under this subpart, the board must participate in the dispute resolution process undertaken by the panel, including any meetings convened by a mediator or by the panel.
2: Either party may have 1 or more persons present to provide support at any meeting referred to in subsection (1)
3: However, if the Chief Referee considers it impracticable or inappropriate for the person providing support to be present at any meeting, that person may not be present.
4: A party may not be represented by a lawyer during any meeting, and a support person may not provide any legal advice or representation to the party during the meeting. Settlements
230: Settlements
1: If a serious dispute is resolved through mediation under section 225(1)
2: Before signing the agreed terms of settlement, the mediator must—
a: explain to the parties the effect of subsection (3)
b: be satisfied that, knowing the effect of that subsection, the parties affirm their request.
3: If, following the affirmation referred to in subsection (2)﻿(b)
a: those terms are final and binding on, and enforceable by, the parties; and
b: except for enforcement purposes, no party may seek to bring those terms before the court, whether by action, appeal, application for review, or otherwise.
4: For the purposes of this section, a minor aged 16 years or over may be a party to agreed terms of settlement, and be bound by that settlement, as if the minor were a person of full age and capacity. General provisions
231: Duty to comply with prescribed processes or procedures
A dispute resolution panel must comply with the processes or procedures (if any) prescribed in regulations made under section 644
232: Duty to act independently
1: The Chief Referee and every deputy chief referee must act independently in performing their functions.
2: Each member of a dispute resolution panel must act independently in performing the functions of a dispute resolution panel.
233: Conflicts of interest
1: If the Chief Referee, a deputy chief referee, or a member of a dispute resolution panel has a conflict of interest relating to a serious dispute referred to a dispute resolution panel, the person must—
a: disclose the nature of the interest to the panel and the parties concerned as soon as practicable after the person knows about the relevant facts; and
b: if the conflict is material, withdraw from the panel, unless both parties to the serious dispute agree otherwise.
2: In this section, interest
234: Personal liability of Chief Referee and deputy chief referees
The Chief Referee appointed under section 219
a: in good faith; and
b: in performance or intended performance of the Chief Referee’s or deputy chief referee’s functions.
235: Personal liability of panel members and mediators
A member of a dispute resolution panel and any mediator appointed by the panel is not personally liable for any act done or omitted by the dispute resolution panel or mediator if the act or omission was (as far as the panel member’s or mediator’s involvement is concerned)—
a: in good faith; and
b: in performance or intended performance of the dispute resolution panel’s functions.
236: Confidentiality
1: This section applies to the following persons:
a: the Chief Referee and any deputy chief referee:
b: a person who is a party to a serious dispute referred to a dispute resolution panel under section 223(1)﻿(a)
c: a person who is a member of a dispute resolution panel:
d: a mediator appointed under section 225(1)
2: The person must, unless authorised by the parties or by or under any enactment, keep confidential—
a: any statement, admission, or document created or made for the purposes of resolving the serious dispute under this subpart (including any agreed terms of settlement under section 230
b: any information that, for the purposes of resolving the serious dispute, is disclosed orally in the course of the dispute resolution process.
3: Despite subsection (2)
10: Miscellaneous provisions
237: Enrolment records
1: The principal of a registered school must ensure that an enrolment record in the form and containing the information that may be specified in rules made under subsection (3)
2: When a student moves from one registered school to another registered school, the principal of the first school must take reasonable steps to send the student’s enrolment record to the principal of the second school.
3: The Secretary may
a: setting out the duties of principals concerning enrolment records and the information contained in enrolment records:
b: requiring principals to inform students and parents about enrolment records and the use and distribution of enrolment records, and specifying the particulars about which students and parents are to be informed:
c: specifying the form and content of enrolment records:
d: specifying exceptions to particular requirements of the rules.
4: A principal of a registered school must comply with rules made under subsection (3)
5: Rules under this section are secondary legislation ( see Part 3 1989 No 80 s 77A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 237(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 237(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
238: Building Act 2004
1: A person inspecting sitework or a building under this Act must provide written notice of any non-compliance with the Building Act 2004
2: In this section, building sitework territorial authority section 7 1989 No 80 s 139B
11: Offences
239: Offence relating to failure to comply with notice given under section 46
A parent who fails to comply with a notice given under section 46(1) 1989 No 80 s 28
240: Offence relating to employing school-age children
A person commits an offence and is liable on conviction to a fine not exceeding $1,000 if the person,—
a: being a parent of any other person, permits the other person to be employed in contravention of section 54(1)
b: employs any other person in contravention of section 54(1) 1989 No 80 s 30
241: Offence relating to insulting, abusing, or intimidating teachers or staff members of registered schools
1: A person commits an offence and is liable on conviction to a fine not exceeding $1,000 if the person intentionally insults, abuses, or intimidates a teacher or staff member of a registered school—
a: within the presence or hearing of any student of the school; and
b: while on school premises, or in any other place where students of the school are assembled for school purposes.
2: Subsection (1) 1989 No 80 s 139C
242: Offence relating to interference with attendance officers
A person who intentionally obstructs or interferes with an attendance officer exercising their powers under section 49 1989 No 80 s 31(6)
243: Offence relating to failure to enrol
1: If a parent of a person required to be enrolled at a registered school fails or refuses to ensure that the person is enrolled at the school, the parent commits an offence and is liable on conviction to a fine not exceeding $3,000.
2: The payment of a fine in respect of a conviction for an offence against this section is not a bar to proceedings for any further offence. 1989 No 80 s 24
244: Offence relating to irregular attendance
1: A parent of a student commits an offence if the student,—
a: while enrolled at a registered school, does not attend the school as required by sections 36 42
b: while enrolled at a distance school, does not do the work of the course in which the student is enrolled.
2: A person who commits an offence against subsection (1)
3: However, a fine imposed for an offence against subsection (1)
4: The imposition of a penalty under this section does not limit or affect any provision of the Oranga Tamariki Act 1989 1989 No 80 s 29
245: Hearings of proceedings may be private
If a District Court Judge orders, proceedings for an offence against section 243 244 1989 No 80 s 32
246: Evidence of school roll, etc
1: In any proceedings for an offence against section 243 244
a: the enrolment of the student at a school:
b: the days on which the school was open during any period:
c: the student’s attendance at the school during any period:
d: the student’s age:
e: the name and address of a parent of the student.
2: Judicial notice must be taken of the principal’s appointment and signature on a certificate given under subsection (1) 1989 No 80 s 33
247: Burden of proof on parents
In proceedings under section 243 244
a: the enrolment of the student at a school:
b: the student’s attendance at a school:
c: the student’s exemption from enrolment or attendance at a school. 1964 No 135 s 126 1989 No 80 s 34
248: Fines to be paid to board
A fine recovered under section 243 244 1989 No 80 s 35
249: Offences relating to operation of private schools
1: A manager of a private entity that is not registered as a private school under section 214
2: A manager of a private school that is registered as a school of a particular description or particular descriptions commits an offence if the school operates as a school of another description or of other descriptions.
3: A manager of a private school commits an offence if the school ceases to operate before the managers tell the Secretary that it is to cease to operate.
4: A person who commits an offence against any of subsections (1) to (3) 1989 No 80 s 35R
4: Tertiary education and vocational education and training
250: Outline of Part 4
1: This Part, which concerns tertiary education and vocational education and training, is divided into 7 subparts.
2: Subpart 1
3: Subpart 2
4: Subpart 3
5: Subpart 4
6: Subpart 5
7: Subpart 6
8: Subpart 7 1989 No 80 s 308
251: Purpose of Part 4
The purpose of this Part is to establish and support a tertiary education and vocational education and training system that meets the objectives set out in section 252
a: providing the framework for the Government to set out its strategic direction for tertiary education; and
b: establishing tertiary education organisations, and providing for their operation, duties, powers, compliance, and disestablishment; and
c: providing for the admission of domestic and international students and setting out student rights, responsibilities, and protections; and
d: supporting the health, safety, and well-being of students; and
e: regulating learning and providing quality assurance for learning, including qualifications, credentials, micro-credentials, programmes, assessment and skill standards, national curricula
f: providing for funding of tertiary education; and
g: providing for the roles and functions of other regulators and education agencies. Section 251(e) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
1: Preliminary matters
252: Objectives of Part 4
1: The objectives of this Part are to foster and develop a tertiary education and vocational education and training system that—
a: fosters, in ways that are consistent with the efficient use of national resources, high-quality learning and research outcomes, equity of access, and innovation; and
b: contributes to the development of cultural and intellectual life in New Zealand; and
c: responds to the needs of learners, interested persons or bodies, and the nation, in order to foster a skilled and knowledgeable population over time; and
d: contributes to the sustainable economic and social development of the nation; and
e: strengthens New Zealand's knowledge base and enhances the contribution of New Zealand's research capabilities to national economic development, innovation, international competitiveness, and the attainment of social and environmental goals; and
f: provides for a diversity of teaching and research that fosters, throughout the system, the achievement of international standards of learning and, as relevant, scholarship.
2: The Minister, TEC, and NZQA must take these objectives into account when making decisions under this Part or any decisions under Part 5 1989 No 80 s 159AAA
253: Roles within tertiary education and vocational education and training sectors
To avoid doubt,—
a: the Ministry is the Minister's principal policy adviser on matters relating to tertiary education and vocational education and training:
b: NZQA is the body primarily responsible for quality assurance matters in the tertiary education and vocational education and training sectors, apart from universities:
c: the Vice-Chancellors Committee is the body primarily responsible for quality assurance matters in respect of universities. 1989 No 80 s 159AD
254: Ministry may hold and disseminate information
Any information collected by TEC or NZQA—
a: may be held by the Ministry on behalf of TEC or NZQA; and
b: may be disclosed by the Ministry to TEC or NZQA or to any other person or agency that is entitled to receive it. 1989 No 80 s 159AE
255: Enrolment of students
1: A person is eligible to be enrolled as a student in a programme or micro-credential
a: the person is a domestic student or the institution’s council complies with section 525
b: the person holds the minimum entry requirements for the programme or micro-credential
c: the person has attained,—
i: if the institution has fixed a minimum age for enrolment at the institution, the fixed age; and
ii: if the institution has fixed a minimum age for enrolment in the programme or micro-credential
2: Subsection (1)﻿(b) and (c)
a: the person has turned 20 years; or
b: the council of the institution is satisfied that the person is capable of undertaking the programme or micro-credential
3: An eligible student who applies for enrolment in a programme or micro-credential micro-credential
4: However, the council of the institution—
a: may determine the maximum number of students that may be enrolled in a particular programme or micro-credential
b: may, in the selection of the students to be enrolled, give preference to eligible persons who are included in a class of persons that is under-represented among the students undertaking the programme or micro-credential
i: the maximum number of students who may be enrolled at an institution in a particular programme or micro-credential paragraph (a)
ii: the number of eligible students who apply for enrolment in that programme or micro-credential
5: Nothing in this section prevents an institution's council from refusing to permit, or from cancelling, the enrolment of a person as a student at the institution, or in a particular programme or micro-credential
a: the person is not of good character; or
b: the person has been guilty of misconduct or a breach of discipline; or
c: the person is enrolled for full-time instruction at another institution or at a school; or
d: the person has made insufficient progress in the person's study or training after a reasonable trial at the institution or at another institution.
6: The chief executive of an institution that provides approved programmes of pre-service teacher training must ensure that the appropriate authorities of the institution liaise with the appropriate authorities of other institutions that provide the programmes to establish common requirements to govern the selection and enrolment of people in those programmes.
7: In this section,— eligible student micro-credential or micro-credential year 1989 No 80 s 224 Section 255(1) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 255(1)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 255(1)﻿(c)﻿(ii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 255(2)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 255(3) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 255(4)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 255(4)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 255(4)﻿(b)﻿(i) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 255(4)﻿(b)﻿(ii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 255(5) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 255(7) eligible student amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Fees
256: Fees for domestic students
and employers
1: An institution's council may fix, or specify a means to determine,—
a: a tuition fee for any programme of study or training at the institution:
b: a fee for the provision of student services that are provided by the institution or by another person or body on behalf of the institution.
2: An institution’s council that receives funding under section 425 428 section 426 429(2)
3:
4:
5: A domestic student may not be or continue to be enrolled in a programme of study or training at an institution unless the following fees have been paid to the institution’s council in respect of the student:
a: the tuition fee (if any) fixed, or determined, under subsection (1)﻿(a)
b: the fee for the provision of student services (if any) determined under subsection (1)﻿(b)
c: all other fees (if any) prescribed by the council.
6: Subsection (5)
7: An institution's council must take all reasonable steps to ensure that, before the procedures for enrolling a student at the institution for the first time in any year are complete, the student is given written notice of any circumstances in which the student is or may be entitled to a refund of all or any part of fees paid or to be paid to the council.
8: The power of an institution's council to refund to a student all or any part of any fees paid to it is not limited or affected by—
a: any failure to comply with subsection (7)
b: the fact that the circumstances fall outside those notified; or
c: the fact that the refund is larger than specified in the notice. 1989 No 80 s 227 Section 256 heading amended 1 August 2022 section 14(1) Education and Training Amendment Act 2022 Section 256(2) replaced 1 August 2022 section 14(2) Education and Training Amendment Act 2022 Section 256(3) repealed 1 August 2022 section 14(3) Education and Training Amendment Act 2022 Section 256(4) repealed 1 August 2022 section 14(3) Education and Training Amendment Act 2022
257: Ministerial direction to institutions relating to compulsory student services fees
Section 257 repealed 1 August 2022 section 15 Education and Training Amendment Act 2022
258: Institutions to give prospective students information about fees
An institution must ensure that prospective students receive, before enrolment is completed, full written details of—
a: all fees associated with their programmes; and
b: the class or lecture materials, books, special clothing, safety equipment, tools, and other items that are or may be required by the institution to be bought or provided by students enrolled in each programme of study or training; and
c: any fee fixed under section 256(1)﻿(b) 1989 No 80 s 228A Student loans and allowances
259: Provisions about student loans and allowances and Student Allowance Appeal Authorities
1: Schedule 9
2: Sections 386 387 396 Schedule 9
3: Section 645
4: Schedule 10
5: Section 666 Schedule 10
6: Section 646
2: Teaching, learning, and well-being
260: Programmes
1: Subject to subpart 2
2: However, the Minister may direct the institution's council not to provide or continue to provide a particular programme of study or training if the Minister believes on reasonable grounds, after consulting the council and any other persons that the Minister thinks fit, that the provision or continued provision of the programme of study or training—
a: would have significant implications for the allocation of the national resources available for tertiary education or vocational training; and
b: would be contrary to the efficient use of those resources.
3: A direction under subsection (2)
a: must be in writing and set out the reasons for giving the direction:
b: may be exercised only in relation to a programme of study or training as a whole and may not be exercised in relation to any particular subjects or other constituent elements of a programme of study or training.
4: An institution's council must comply with a direction given to it.
5: This section applies to Te Pūkenga—New Zealand Institute of Skills and Technology’s council subject to section 318(6) 1989 No 80 s 223 Students association
261: Membership of students association voluntary
A student or prospective student at an institution is not required to be a member of a students association. 1989 No 80 s 229A
262: Prohibition on undue influence
A person may not exert undue influence on any student or prospective student with the intention of making that student or prospective student—
a: become or remain a member of a students association; or
b: cease to be a member of a students association; or
c: not become a member of a students association. 1989 No 80 s 229B
263: Complaints regarding undue influence
1: A student or prospective student who believes on reasonable grounds that a person has exerted undue influence in breach of section 262
2: A complaint must be in writing and specify the grounds on which the person believes that undue influence has been exerted.
3: A student or prospective student who lodges a complaint—
a: is entitled to be heard on the matter by the council; and
b: may be self-represented, or be represented by an advocate.
4: A students association in respect of which a complaint has been lodged—
a: is entitled to be heard on the matter by the council; and
b: may be represented by a member of the association or by an advocate.
5: The council may refuse to hear a complaint if it believes that no reasonable grounds exist for it to be made.
6: If the council hears a complaint, it must deal with that complaint in accordance with the principles of natural justice and the procedures (if any) prescribed by the council in statutes made under section 284
7: The council may uphold, reject, or otherwise decide on the complaint as it thinks fit in the circumstances, and its decision is final. 1989 No 80 s 229C
264: Students association membership fees
1: A person may not be required to pay a membership fee to a students association, or to pay money to another person as an alternative to paying a membership fee to a students association, unless the person chooses to become or remain a member of the association.
2: A person who is not a member of a students association may not be required to pay a representation fee to the association for any services that the association provides generally to the institution’s student body.
3: Subsections (1) and (2)
a: charging a person who is not a member of the association for the provision of a specific service to the person, at the person's request; or
b: being contracted by an institution or any other person to provide services to students of an institution.
4: An institution's council must, if asked by a students association of the institution, collect the membership fees of that association, but only if the association provides the council with—
a: a copy of its current constitution; and
b: an independently audited set of financial accounts of the association for the last financial year.
5: The council must pay all membership fees collected on behalf of the students association to the association in a timely manner.
6: Despite subsections (4) and (5)
a: the terms of the constitution of the students association are being breached; or
b: the accounts disclose financial irregularities.
7: The council may retain any membership fees that have been withheld under subsection (6)
8: The council may charge a students association for the actual and reasonable costs incurred by the council in collecting membership fees on behalf of the association. 1989 No 80 s 229CA
265: Application of sections 261 to 264 to private training establishments
Sections 261 to 264
a: every reference to an institution includes a reference to a private training establishment; and
b: every reference to a council includes a reference to the governing body of the private training establishment. 1989 No 80 s 229D
3: Administration of institutions
266: Object
The object of the provisions of this Act relating to institutions is to give them as much independence and freedom to make academic, operational, and management decisions as is consistent with the nature of the services they provide, the efficient use of national resources, the national interest, and the demands of accountability. 1989 No 80 s 160
267: Academic freedom and institutional autonomy of institutions (other than
Te Pūkenga—New Zealand Institute of Skills and Technology
1: It is the intention of Parliament in enacting the provisions of this Act relating to universities and wānanga that academic freedom and the autonomy of those institutions are preserved and enhanced.
2: In exercising their academic freedom and autonomy, institutions must act in a manner that is consistent with—
a: the need for institutions to maintain the highest ethical standards and the need to permit public scrutiny to ensure the maintenance of those standards; and
b: the need for institutions to be accountable and make proper use of resources allocated to them.
3: In performing their functions, the councils and chief executives of institutions, Ministers, and authorities and agencies of the Crown must act in all respects so as to give effect to the intention of Parliament as expressed in this section.
4: In this section, academic freedom
a: the freedom of academic staff and students, within the law, to question and test received wisdom, to put forward new ideas, and to state controversial or unpopular opinions:
b: the freedom of academic staff and students to engage in research:
c: the freedom of the institution and its staff to regulate the subject matter of courses taught at the institution:
d: the freedom of the institution and its staff to teach and assess students in the manner that they consider best promotes learning:
e: the freedom of the institution through its chief executive to appoint its own staff.
5: This section does not apply to Te Pūkenga—New Zealand Institute of Skills and Technology section 318 1989 No 80 s 161 Section 267 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 267(5) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
268: Establishment of institutions
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, establish an institution.
2: Before making a recommendation, the Minister must—
a: give NZQA a reasonable period to give advice to the Minister on the matter and consider any advice given; and
b: be satisfied that the establishment of the institution is in the interests of the tertiary education system and the nation as a whole; and
c: consult the institutions, organisations representing institutions, and other relevant bodies that the Minister thinks fit; and
d: take into account—
i: that universities have all the following characteristics and other institutions have 1 or more of them:
A: they are primarily concerned with more advanced learning, the principal aim being to develop intellectual independence:
B: their research and teaching are closely interdependent and most of their teaching is done by people who are active in advancing knowledge:
C: they meet international standards of research and teaching:
D: they are a repository of knowledge and expertise:
E: they accept a role as critic and conscience of society; and
ii: that—
A: a university is characterised by a wide diversity of teaching and research, especially at a higher level, that maintains, advances, disseminates, and assists the application of knowledge, develops intellectual independence, and promotes community learning:
B: a wānanga is characterised by teaching and research that maintains, advances, and disseminates knowledge and develops intellectual independence, and assists the application of knowledge regarding ahuatanga Māori (Māori tradition) according to tikanga Māori (Māori custom).
2A: An order under subsection (1) is secondary legislation ( see Part 3
3: In the case of a wānanga, the Minister may, on the recommendation of its council, change the name of the wānanga by notice published in the Gazette
4: In the case of a university, its name may be changed if the procedure set out in subsections (5) to (7)
5: The university must give written notice to the Minister of the proposed name change.
6: If notice is given, the Minister must present the proposal to the House of Representatives.
7: If the House of Representatives, by resolution, accepts the proposed name change, the Minister must change the name of the university by notice published in the Gazette 1989 No 80 s 162 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 268(2A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
269: Constitution of institutions
An Order in Council establishing an institution must make provision for determining the people who are to constitute the institution. 1989 No 80 s 163(2)
270: Disestablishment of institutions
1: The Governor-General may, by Order in Council made on recommendation of the Minister, disestablish an institution.
2: However, the Governor-General may not disestablish a university unless the House of Representatives has passed a resolution approving the disestablishment of the university.
3: The Minister may not recommend the disestablishment of an institution unless the Minister—
a: is satisfied on reasonable grounds that there are good reasons to do so; and
b: is satisfied that the disestablishment is in the interests of the tertiary education system and the nation as a whole; and
c: specifies the reasons in the recommendation.
4: When an institution is, or 2 or more institutions are, disestablished, the Governor-General may, by Order in Council made on the recommendation of the Minister, incorporate the disestablished institution or any 1 or more of the disestablished institutions in another institution, whether the other institution is—
a: an existing institution or a new institution established for the purpose:
b: an institution of the same class as the disestablished institution or institutions or an institution of a different class from it or them.
5: Before making a recommendation under this section, the Minister must—
a: give to the institution’s council or the councils of the institutions concerned, and to every other council of an institution that the Minister considers is likely to be directly affected, written notice—
i: setting out the action that the Minister is considering whether to take and the reasons for that action; and
ii: inviting each council to make a written submission to the Minister in relation to the matter; and
b: publish, in the Gazette
c: consider any submissions made within a reasonable period in response to the notices.
6: An order under this section is secondary legislation ( see Part 3
6A: When the order is presented to the House of Representatives (as required by the Legislation Act 2019
7: To avoid doubt, nothing in this section applies to Te Pūkenga—New Zealand Institute of Skills and Technology 1989 No 80 s 164 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives and comply with subsection (6A) LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 270(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 270(6A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 270(7) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Councils
271: Institutions to be governed by councils
1: The governing body of Te Pūkenga—New Zealand Institute of Skills and Technology section 320
2: The governing body of every other institution is its council constituted in accordance with this Part.
3: A reference in any enactment to the council or other governing body of an institution referred to in subsection (2)
4: Subject to section 283(2)
5: Schedule 11 1989 No 80 s 165 Section 271(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
272: Incorporation
1: Each university or wānanga established under section 268 Te Pūkenga—New Zealand Institute of Skills and Technology section 314
a: holding real and personal property; and
b: suing and being sued; and
c: otherwise doing and suffering all that bodies corporate may do and suffer.
2: This section does not limit section 282(1) 1989 No 80 s 166 Section 272(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
273: Common seal
1: An institution may have a common seal if its council adopts one by statute.
2: A council may, by statute,—
a: specify the type or class of documents that may be executed by affixing the common seal to them; and
b: specify the type or class of documents that may be executed only by affixing the common seal to them; and
c: specify any member or members of the council, and any member or members of the staff of the institution, who may countersign documents (or a specified type or class of documents) to which the common seal is affixed.
3: All courts and persons acting judicially must take judicial notice of an institution’s common seal.
4: This section does not apply to Te Pūkenga—New Zealand Institute of Skills and Technology 1989 No 80 s 167 Section 273(4) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
274: Method of contracting
1: An institution may enter into a contract or other enforceable obligation as provided in this section.
2: An obligation that, if entered into by an individual, is required to be entered into by deed may be entered into by the institution’s council in writing, signed under the name of the institution by 2 or more council members.
3: An obligation that, if entered into by an individual, is required to be entered into in writing may be entered into by the institution’s council in writing, signed by 1 person or more than 1 person acting under the institution’s express or implied authority.
4: An obligation that, if entered into by an individual, is not required to be entered into in writing may be entered into by the institution’s council in writing or orally by a person acting under the institution’s express or implied authority.
5: This section applies to a contract or other enforceable obligation,—
a: whether or not that obligation was entered into in New Zealand; and
b: whether or not the law governing that obligation is the law of New Zealand.
6: This section does not apply to Te Pūkenga—New Zealand Institute of Skills and Technology 1989 No 80 s 167A Section 274(6) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
275: Constitution to provide for membership of council
1: The constitution of a council must provide that it has 8, 9, 10, 11, or 12 members.
2: Subsection (1) Te Pūkenga—New Zealand Institute of Skills and Technology’s section 320 1989 No 80 s 170A Section 275(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
276: Membership of council
1: An institution’s council must have a total of 8, 9, 10, 11, or 12 council members, as provided in its constitution, comprising—
a: the following number of members appointed by the Minister by written notice to the council:
i: 4 members (for a council comprising 10, 11, or 12 members):
ii: 3 members (for a council comprising 8 or 9 members); and
b: enough members appointed by the council by resolution, in accordance with its statutes, to bring the membership up to that total number.
2: Subsection (1) Te Pūkenga—New Zealand Institute of Skills and Technology’s section 320 1989 No 80 s 171 Section 276(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
277: Certain people disqualified from appointment
1: A person may not be appointed as a council member if the person—
a: has been removed as a council member of an institution of any kind; or
b: is subject to a property order under the Protection of Personal and Property Rights Act 1988
c: is a person in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988 that reflects adversely on their —
i: competence to manage their own affairs in relation to their property; or
ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of their personal care and welfare; or
d: is a bankrupt—
i: who has not obtained an order of discharge; or
ii: whose order of discharge has been suspended for a term not yet expired or is subject to conditions not yet fulfilled.
2: Subsection (1) Te Pūkenga—New Zealand Institute of Skills and Technology’s section 320(2) 1989 No 80 s 171A Section 277(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
278: Matters to be considered when appointing council members
1: An institution’s council should, as far as is reasonably practicable, reflect—
a: the ethnic and socio-economic diversity of the communities served by the institution; and
b: the fact that approximately half the population of New Zealand is male and half the population is female.
2: When appointing council members, the Minister or council must have regard to subsection (1)
a: must ensure that at least 1 council member is Māori; and
b: must appoint people who (in the Minister’s or council’s opinion)—
i: have relevant knowledge, skills, or experience; and
ii: are likely to be able to fulfil their individual duties to the council; and
iii: together with the other members of the council, are capable of undertaking its responsibilities, duties, and functions.
3: When appointing council members, the council must ensure that—
a: at least—
i: 1 member is a permanent member of the teaching or general staff of the institution that the permanent members of the teaching and general staff of the institution have elected to represent them; or
ii: 1 member is a permanent member of the teaching staff of the institution that the permanent members of the teaching staff of the institution have elected to represent them and 1 member is a permanent member of the general staff of the institution that the permanent members of the general staff of the institution have elected to represent them; and
b: at least 1 member is a student—
i: who is enrolled at the institution; and
ii: whom the students of the institution have elected to represent them.
4: Subsection (3)
5: An elected person specified in subsection (3)
a: is to be treated as meeting any relevant knowledge, skills, or experience requirements; and
b: must be appointed unless the person is ineligible for appointment under section 277(1)
6: An institution or its council may not specify who is eligible to stand for election as a representative of—
a: the permanent members of the teaching or general staff of the institution; or
b: the students of the institution.
7: Before making an appointment under this section, the Minister must seek, and consider, nominations from the relevant council.
8: This section does not apply to the membership of Te Pūkenga—New Zealand Institute of Skills and Technology’s section 321 1989 No 80 s 171B Section 278(8) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
279: Statutes relating to appointment of members by councils of institutions
1: An institution’s council may make statutes relating to the appointment of members under section 276(1)﻿(b)
2: The statutes may—
a: provide for direct appointment by the council of a member chosen by the council; or
b: require the council to appoint a member—
i: of a stated description; or
ii: holding a stated office; or
iii: nominated by a stated institution or institutions, or an institution or institutions of a stated description; or
iv: elected by people of a stated description.
3: To the extent that the statutes require the council to appoint—
a: a member elected by people of a stated description, they must also provide for the processes by which elections must be held and their results must be determined:
b: a member nominated by a stated institution or institutions, or an institution or institutions of a stated description, they must also provide for the process by which nominations may be called for and must be considered.
4: For an appointment under a statute providing for any of the matters stated in subsection (2)﻿(b) section 278(2)﻿(b)
a: has regard to section 278(1)
b: is satisfied that compliance with the statute is likely to result in the appointment of a person who—
i: has relevant knowledge, skills, or experience; and
ii: is likely to be able to fulfil the person’s individual duties to the council; and
iii: together with the other members of the council, is capable of undertaking its responsibilities, functions, and duties.
5: Subsections (2) to (4) section 284
6: This section does not apply to the membership of Te Pūkenga—New Zealand Institute of Skills and Technology’s 1989 No 80 s 171C Section 279(6) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Functions and duties of councils
280: Functions of councils
The functions of an institution’s council are—
a: to appoint a chief executive in accordance with the Public Service Act 2020
b: to prepare and submit a proposed plan if the institution is seeking funding under a funding mechanism that provides for funding via plans:
c: if the institution has a plan,—
i: to ensure that the institution is managed in accordance with that plan; and
ii: to determine policies to implement that plan:
d: to determine, subject to the Public Service Act 2020
e: to undertake planning relating to the institution’s long-term strategic direction. 1989 No 80 s 180 Section 280(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 280(d) amended 7 August 2020 section 135 Public Service Act 2020
281: Duties of councils
1: It is the duty of an institution’s council, in performing its functions and exercising its powers,—
a: to strive to ensure that the institution attains the highest standards of excellence in education, training, and research:
b: to acknowledge the principles of Te Tiriti o Waitangi
c: to encourage the greatest possible participation by the communities served by the institution so as to maximise the educational potential of all members of those communities, with particular emphasis on groups in those communities that are under-represented among the students of the institution:
d: to ensure that the institution does not discriminate unfairly against any person:
e: to ensure that the institution operates in a financially responsible manner that ensures the efficient use of resources and maintains the institution’s long-term viability:
f: to ensure that proper standards of integrity, conduct, and concern for the public interest and the well-being of students attending the institution are maintained.
2: In addition, Te Pūkenga—New Zealand Institute of Skills and Technology’s council must comply with section 97 1989 No 80 s 181 Powers of institutions and councils
282: Powers of institutions
1: An institution has—
a: the rights, powers, and privileges of a natural person; and
b: the power to issue debentures; and
c: the power to grant floating charges on the institution’s undertaking or property, or any of it; and
d: the power to invest in the financial products of a related entity; and
e: the power to do any other thing it is authorised to do by this Act, by any other enactment, or by any rule of law.
2: However, none of the rights, powers, or privileges of an institution may be exercised except for the purpose of performing—
a: functions characteristic of institutions of the class to which the institution belongs; or
b: in the case of an institution that incorporates another institution or other institutions under section 270(4)
c: functions of a kind that, in the opinion of the institution’s council,—
i: may conveniently, and without disadvantage to the performance of those characteristic functions, be performed in association with those functions; and
ii: are appropriate for institutions of the class to which the institution belongs or, in the case of an institution that incorporates another institution or other institutions under section 270(4)
3: Subsection (1)﻿(b) to (e) subsection (1)﻿(a)
4: An institution may not exercise any of the following powers without the written consent of the Secretary:
a: the power to sell or otherwise dispose of assets or interests in assets:
b: the power to mortgage or otherwise charge assets or interests in assets:
c: the power to grant leases of land or buildings or parts of buildings:
d: the power to borrow, issue debentures, or otherwise raise money.
5: Despite subsection (4)
a: sell or otherwise dispose of, or mortgage or otherwise charge, an asset or an interest in an asset, where the value of the asset or interest does not exceed an amount determined by the Minister or an amount ascertained in accordance with a formula determined by the Minister:
b: grant a lease for a term that does not exceed, and when added to any term for which the lease may be renewed does not exceed, 15 years:
c: borrow, issue debentures, or otherwise raise money, where the amount to be borrowed, the amount of the debentures, or the amount to be raised, does not exceed an amount determined by the Minister or ascertained in accordance with a formula determined by the Minister.
6: A determination by the Minister under this section may relate to all institutions, institutions of a specified class or description, or a specified institution or institutions, and must be made after the Minister has consulted the institution or institutions concerned.
7: If the Secretary consents under subsection (4)
a: comply with any conditions imposed by the Secretary; and
b: advise the Secretary when the transaction has been completed and how the proceeds, if any, of the transaction have been dealt with.
8: The powers to grant awards conferred on an institution by this Act or any other enactment,—
a: in the case of nationally recognised awards, are subject to any reasonable requirements made by NZQA in the performance of its functions under this Act; and
b: in any case, do not extend, without the consent of NZQA, to granting an award that is described as a degree or the description of which includes the word bachelor, master, or doctor.
9: Subsection (8)﻿(b)
10: Any consent by NZQA under subsection (8)﻿(b) 1989 No 80 s 192
283: Powers of councils
1: An institution’s council has all powers reasonably necessary to enable it to perform its functions efficiently and effectively.
2: Except where they are exercised by delegation under this Act, the following powers of an institution may be exercised only by its council:
a: to provide courses of study or training, admit students (including by discretion and ad eundem statum
b: to grant fellowships, scholarships, bursaries, or prizes:
c: to authorise the making of grants or loans out of the money of the institution to the chief executive, to members of the staff or students of the institution, or to any association of staff or students, on the terms and conditions that the council thinks fit and guarantee loans made by other persons to the chief executive or members of the staff of the institution for housing purposes:
d: to accept gifts, devises, and bequests made to the institution, whether on trust or otherwise:
e: to agree to the disestablishment of the institution and its incorporation in another institution of the same class or a different class:
f: to agree to the incorporation in the institution of another institution or other institutions, whether of the same class as itself or a different class from itself:
g: to arrange for the manufacture of, and distribution of (whether by way of sale or otherwise), any article or thing bearing a mark, symbol, or writing that is associated with the institution:
h: to arrange for the provision of (whether by sale or otherwise) goods and services to staff or students of the institution or other persons using, or otherwise attending at, facilities of the institution:
i: to prescribe fees payable by students of the institution or any of them:
j: to establish bodies within the institution to give advice to the council:
k: to do anything incidental to the exercise of any of the preceding powers.
3: Subsection (2)﻿(e) and (f) Te Pūkenga—New Zealand Institute of Skills and Technology’s
4: An institution’s council has the power to appoint committees consisting of the persons, whether or not members of the council, that the council determines to exercise the powers that are delegated to them under section 285 1989 No 80 s 193 Section 283(3) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
284: Statutes
1: An institution’s council may make statutes, not inconsistent with this Act or the Public Service Act 2020
a: the good government and discipline of the institution and the board of an Te Pūkenga—New Zealand Institute of Skills and Technology
b: the imposition, by or on behalf of the council, of penalties upon staff or students of the institution for a contravention of or a failure to comply with a statute with respect to a matter referred to in paragraph (a)
c: subject to sections 255 256 258 260 309 310 386 525 526 clause 8
d: subject to sections 255 256 258 260 309 310 386 525 526 clause 8
e: subject to section 282(8)
f: the granting by the council of fellowships, scholarships, bursaries, and prizes:
g: the provision of superannuation or retirement benefits for, or in respect of, the chief executive or members of the staff of the institution:
h: any of the matters stated in section 279
i: any other matter required or permitted by this Act to be provided for by statutes.
2: Subsection (1)﻿(h) Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology
3: If an institution’s council makes a statute under subsection (1)﻿(b) 1989 No 80 s 194 Section 284(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 284(1)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 284(1)﻿(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 284(1)﻿(d) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 284(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
285: Delegation of council’s functions and powers
1: An institution's council may, either generally or specifically, delegate any of its functions or powers under this Act (except the power to appoint a chief executive) or under any other Act to—
a: the chief executive of the institution; or
b: a committee appointed under section 283(4)
2: The power of the council to delegate—
a: is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the council's functions or powers; but
b: does not limit any power of delegation conferred on the council by any other Act.
3: The person to whom any functions or powers are delegated under this section may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act (subject to any general or special directions given or conditions imposed by the council).
4: A delegation to a committee under subsection (1)﻿(b)
5: This section applies to the academic committee of an institution (established under clause 18(2)
a: it were a committee of the institution's council; and
b: all its powers were powers of the council, conferred on the committee by the council by delegation.
6: This section does not apply to Te Pūkenga—New Zealand Institute of Skills and Technology’s 1989 No 80 s 222 Section 285(6) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
286: Further provisions relating to delegation
1: A delegation under section 285
a: must be in writing signed by at least 2 members of the council:
b: is revocable at will in writing signed by at least 2 members of the council.
2: A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
3: A delegation does not prevent the council from performing any function or exercising any power, or affect the council’s responsibility for the actions of any person acting under the delegation.
4: If the chief executive to whom a delegation is made ceases to hold office, the delegation continues to have effect as if it were made to the chief executive’s successor in office. Subdelegation
5: If the council has delegated any functions or powers to the chief executive or an academic committee, the chief executive or that committee may, with the written approval of the council, subdelegate those functions or powers (or any of them) to a member of the staff of the institution.
6: A subdelegation under subsection (5)
a: must be in writing signed by the chief executive or by at least 2 of the members of the committee; and
b: is revocable at will in writing signed by the chief executive or by at least 2 of the members of the committee; and
c: may be made to—
i: a specified person or persons of a specified class; or
ii: the holder or holders of a specified office or specified class of offices. 1989 No 80 s 222(2), (5), (6), (9) Institutions at risk
287: Criteria for risk assessment of institutions (other than
Te Pūkenga—New Zealand Institute of Skills and Technology
1: The Secretary must, after consulting institution councils, determine criteria for assessing the level of risk to the operation and long-term viability of institutions.
2: The Secretary must publish criteria determined under subsection (1) Gazette
3: Criteria determined under this section must be reviewed at least once in every 2 years following the date of their publication.
4: This section does not apply to Te Pūkenga—New Zealand Institute of Skills and Technology’s section 329 1989 No 80 s 195A Section 287 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 287(4) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
288: Institutions to provide information to TEC if required
1: The chief executive of TEC may, if the chief executive has reasonable grounds to believe that an institution may be at risk, by written notice to the institution’s council, require the council to provide either or both of the following:
a: specified information about the operation, management, or financial position of the institution at a given time:
b: reports at specified intervals on specific aspects of the operation, management, or financial position of the institution.
2: If the chief executive of TEC requires information under subsection (1)
3: A council that receives a notice under subsection (1)
4: The chief executive of TEC may revoke or amend any notice given under subsection (1)
5: This section does not apply to Te Pūkenga—New Zealand Institute of Skills and Technology’s section 330 1989 No 80 s 195B Section 288(5) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Interventions
289: Minister may appoint Crown observers for institutions
1: If the Minister believes on reasonable grounds that the operation or long-term viability of an institution is at risk, the Minister may appoint a Crown observer to the council of the institution.
2: A Crown observer may not be appointed to an institution’s council unless the Minister has first—
a: consulted the council; and
b: advised the council that the Minister is considering appointing a Crown observer; and
c: given the council an opportunity to comment on the proposal.
3: An appointment under this section must be in writing and state the date on which it takes effect.
4: A Crown observer may—
a: attend any meeting of the council to which the Crown observer is appointed or any committee of that council; and
b: offer advice to that council or to any member or committee of that council; and
c: report to the Minister on any matter raised or discussed at any meeting that the Crown observer attends as a Crown observer.
5: A Crown observer must at all times maintain confidentiality with respect to council affairs, except as authorised by subsection (4)﻿(c)
6: A Crown observer is not a member of the council or any council committee and may not—
a: vote on any matter; or
b: exercise any of the powers, or perform any of the functions or duties, of a council member.
7: This section does not apply to Te Pūkenga—New Zealand Institute of Skills and Technology section 331 1989 No 80 s 195C Section 289(7) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
290: Minister may dissolve council and appoint commissioner
1: The Minister may, by notice in the Gazette
a: there is a serious risk to the operation or long-term viability of the institution; and
b: other methods of reducing the risk either have failed or appear likely to fail.
2: For the purpose of subsection (1) serious risk to the operation or long-term viability of an institution
a: the institution is, or is at risk of being, unable to pay its debts as they become due in the normal course of business; and
b: according to the criteria published under section 287(2)
3: A notice under subsection (1)
a: the date on which the dissolution and appointment take effect; and
b: the name of the person appointed as commissioner.
4: The Minister may not exercise the power under subsection (1)
a: consulted the council of the institution and any other interested parties over the possible need to dissolve the council and appoint a commissioner; and
b: following that consultation, given the council written notice of the Minister’s preliminary decision that the council should be dissolved and a commissioner appointed in its place; and
c: allowed the council at least 21 days in which to respond to the preliminary decision; and
d: considered any submissions made by the council about why the preliminary decision should not be confirmed.
5: As soon as practicable after giving a notice under subsection (1)
6: When a commissioner is appointed under this section, the Minister must review the appointment at least once in every 12 months following the appointment.
7: As soon as the Minister is satisfied (following an annual review or at any other time) that the risk that gave rise to the appointment of the commissioner has reduced enough so that it is appropriate that the institution be administered by a council, a new council must be appointed in accordance with the constitution of the council most recently notified in the Gazette
8: A commissioner's appointment ends on the close of the day before a new council takes office.
9: This section does not apply to Te Pūkenga—New Zealand Institute of Skills and Technology section 337 1989 No 80 s 195D Section 290(9) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
291: Personal liability of commissioners
A commissioner appointed under section 290
a: in good faith; and
b: in the course of performing or exercising their functions, duties, or powers. 1989 No 80 s 195DA
292: Functions, duties, and powers of commissioner
1: A commissioner appointed under section 290 sections 266 267
2: A commissioner replaces all council members who serve on any council committee that the commissioner is appointed to replace.
3: Anything that, if done by or on behalf of a council, is required to be signed by 2 or more council members, may be done by the commissioner's signature alone. 1989 No 80 s 195E
293: Minister to appoint advisory committee
1: If the Minister appoints a commissioner under section 290
2: The Minister may appoint up to 5 persons to be members of an advisory committee and must ensure that the composition of the committee reasonably reflects the community of the institution as represented by its council at the time of the council's dissolution.
3: Members of an advisory committee may be paid fees at the same rates as were paid to members of the council at the time of its dissolution.
4: The commissioner must have regard to any advice given by an advisory committee.
5: For the purposes of section 285(1) section 283(4) 1989 No 80 s 195F Chief executives of institutions
294: Duties of chief executive
1: The academic and administrative affairs of an institution must be managed by its chief executive.
2: The chief executive of—
a: a university may be referred to as the Vice-Chancellor or by any other title that the council of the university determines:
b: an institution other than a university may be referred to by any title (except Vice-Chancellor or another title that includes the word Chancellor 1989 No 80 s 196
295: Delegation of chief executive’s functions and powers
1: The chief executive of an institution may, either generally or specifically, delegate any of the chief executive’s functions or powers under this Act or any other Act (including any functions or powers delegated to the chief executive under another Act) to—
a: the academic committee; or
b: any member of the staff of the institution.
2: The power of a chief executive to delegate—
a: is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the chief executive’s functions or powers; but
b: does not limit any power of delegation conferred on the chief executive by any other Act.
3: A person to whom any functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation (subject to any general or special directions given or conditions imposed by the chief executive).
4: A delegation under subsection (1)﻿(a)
5: Section 296 1989 No 80 s 197(1), (3), (4)
296: Further provisions applying to delegation
1: A delegation under section 295
a: must be in writing signed by the chief executive; and
b: is revocable at will in writing signed by the chief executive.
2: A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
3: A delegation does not prevent the chief executive from performing any function or exercising any power or affect the chief executive’s responsibility for the actions of any person acting under the delegation.
4: If the chief executive ceases to hold office, the delegation continues to have effect as if it were made by the chief executive’s successor in office. Subdelegation
5: If the chief executive has delegated any functions or powers to an academic committee or a member of the staff of the institution, that committee or member may, with the written approval of the chief executive, subdelegate those functions or powers (or any of them) to another member of the staff of the institution.
6: A subdelegation under subsection (5)
a: must be in writing signed by at least 2 members of that committee or by the member; and
b: is revocable at will in writing; and
c: may be made to—
i: a specified person or persons of a specified class; or
ii: the holder or holders of a specified office or specified class of offices. 1989 No 80 s 197(2), (5), (6), (7), (8), (9) Financial matters and application of Crown Entities Act 2004
297: Bank accounts
1: An institution’s council may establish, maintain, and operate bank accounts in the name of the institution at any registered bank or any registered building society with which a Crown entity may establish, maintain, or operate a bank account under section 158
2: As soon as practicable after receiving any money, the council must pay it into one of the institution’s bank accounts.
3: The council must properly authorise every withdrawal and payment of money from any of the institution's bank accounts.
4: This section does not apply to Te Pūkenga—New Zealand Institute of Skills and Technology’s 1989 No 80 s 200 Section 297(4) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
298: Proper accounts to be kept
Section 168(1) and (2) 1989 No 80 s 201
299: How institutions may use income and capital
1: An institution may, subject to any enactment and the terms of any trust or endowment,—
a: apply its income and capital in doing whatever the council thinks likely to enable the institution—
i: to carry out the functions characteristic of an institution of the class to which the institution belongs; and
ii: to achieve, in the case of an institution that has a plan, the outcomes set out in that plan; and
b: create, maintain, or add to, out of income, a fund or funds for any 1 or more of the purposes for which the income may be applied.
2: Subsection (1)﻿(b) subsection (1)﻿(a) 1989 No 80 s 201A
300: Gifts
1: Any money or property that is gifted to an institution may be accepted or disclaimed by the council of the institution in accordance with section 167
2: A limitation in this Act or the Crown Entities Act 2004 1989 No 80 s 201B
301: Council may establish common fund
1: An institution’s council may—
a: establish a common fund; and
b: invest any trust funds in its possession, in whole or in part, in the common fund.
2: However, the council—
a: may, if in possession of trust funds of a trust of which the council is a co-trustee, only invest those trust funds in the common fund with the consent of all the other co-trustees:
b: may not invest trust funds in the common fund if that would be inconsistent with the terms of any trust instrument governing the investment of the trust funds. 1989 No 80 s 201C
302: Investment of funds held in common fund
1: The council may invest funds that are held in a common fund only in accordance with the Trusts Act 2019
2: Investments of funds held in a common fund may not be made on account of, and do not belong to, any particular trust, but the council must, at all times, maintain an account showing the entitlement of each trust in the common fund.
3: If trust funds are invested in a type or class of investment in which the common fund may be invested, the council may transfer that investment to the common fund and, if it does so,—
a: the investment ceases, at the time of transfer, to belong to the trust that held the investment; and
b: the council must give credit in the common fund to the trust for the fair market value of the investment at the time of transfer.
4: Any profit or loss upon the realisation of any investment in a common fund is to be credited or debited to the common fund. 1989 No 80 s 201D
303: Income and capital of common fund
1: Each financial year, the council must—
a: pay or allocate the income from the common fund to the trusts entitled to the amounts invested in the common fund—
i: in proportion to the value of their respective interests in the common fund; and
ii: at a uniform rate determined by the council; and
b: hold the capital of the common fund on behalf of the trusts entitled to the amounts invested in proportion to the value of their respective interests; and
c: hold any income that is not paid or allocated to trusts, and any capital that is not held on behalf of trusts, in a reserve fund separate from other trust funds.
2: The council may apply funds held in the reserve fund, including any income derived from investments of the reserve fund, for any of the following purposes:
a: augmenting the capital of the common fund:
b: reinstating any losses of capital in the common fund:
c: increasing or supplementing the income paid or allocated to trusts that have interests in the common fund.
3: The council may withdraw any amount from the common fund to the credit of a trust that has an interest in the common fund—
a: for the purpose of investing the amount in a separate account for the trust; or
b: for any other purpose relating to the exercise and performance of its duties, powers, authorities, and functions.
4: If any amount is withdrawn from the common fund to the credit of a trust that has an interest in the common fund,—
a: that amount may, at the discretion of the council, be paid or provided in cash or rateably in investments, or partly in cash and partly rateably in investments; and
b: as from the date of its withdrawal, the trust has no claim on the fund in respect of the amount, whether for interest or otherwise.
5: The council—
a: may charge a reasonable fee, payable out of the income received by the common fund, for services provided by the council in relation to the administration or management of the common fund; and
b: must publish the amount of the fee, and the method by which the fee is calculated or applied (and any change to that method), in the annual report. 1989 No 80 s 201E
304: Application of money
The money of an institution may be applied only—
a: in payment or discharge of the expenses, charges, obligations, or liabilities incurred or undertaken by or on behalf of the institution; or
b: in payment of any remuneration or allowances payable to council members or council committees or to the chief executive or members of the staff of the institution; or
c: in making any other payments that are required or permitted by this Act or any other enactment to be made out of the money of the institution. 1989 No 80 s 202
305: Institutions are Crown entities
1: Every institution is a Crown entity for the purposes of section 7
2: However, that Act applies to institutions and their Crown entity subsidiaries (within the meaning of that Act) only to the extent that this section provides.
3: Part 1
4: Section 65I(1) and (2)
a: applies, with all necessary modifications, to institutions and, accordingly, every institution must invest in the same manner as the Treasury invests money under that section; but
b: does not apply in respect of any investment made by an institution in the financial products of a related entity.
5: An instruction issued by the Minister of Finance under section 80A of the Public Finance Act 1989 does not apply to an institution.
6: The financial year of an institution is an academic year.
7: The council members of an institution are the board for the purposes of the Crown Entities Act 2004. 1989 No 80 s 203
306: Annual report
1: As soon as practicable after the end of each academic year, the council of the institution must give to the Minister a report (an annual report
2: A council must comply with sections 154 to 156B 157A
3: However,—
a: the statement of responsibility referred to in section 155
i: the chairperson of the council and the chief executive of the institution; or
ii: if there is no chairperson, the chief executive of the institution and the chief financial officer:
b: an institution's council that is a parent Crown entity must comply with section 154 section 156A(1)
4: A council must include in its annual report—
a: a summary of its equal employment opportunities programme for the year to which the report relates; and
b: an account of the extent to which the council was able, during the year to which the report relates, to meet the equal employment opportunities programme for that year; and
c: an account of the extent to which the council has eliminated unnecessary barriers to the progress of students; and
d: an account of the extent to which the council has avoided the creation of unnecessary barriers to the progress of students; and
e: an account of the extent to which the council has developed programmes to attract students from groups in the community that are—
i: under-represented in the institution’s student body; or
ii: disadvantaged in terms of their ability to attend the institution; and
f: in the case of an institution that has a plan, a statement of service performance for that financial year reporting on the performance of the institution as compared with the proposed outcomes described in that plan.
5: Section 156 subsection (4)﻿(f)
6: A statement of service performance under subsection (4)﻿(f) section 8
7: The Minister must present the report to the House of Representatives within 5 working days after receiving the report or, if Parliament is not in session, as soon as practicable after the commencement of the next session of Parliament.
8: The first report by an institution's council must extend to operations during the part of the academic year before the council became the governing body of the institution.
9: In this section, parent Crown entity 1989 No 80 s 220
307: Minister may require related entities to prepare statements or reports
1: If the Minister has reasonable grounds to believe that an institution may be at risk due to the institution’s investment in a related entity, the Minister may, by notice in writing, require the entity to prepare 1 or more statements or reports.
2: In considering whether an institution may be at risk, the Minister must apply the criteria (determined by the Secretary under section 287
3: Before issuing a notice, the Minister must consult the institution, or institutions, to which the entity is related.
4: The notice must specify—
a: which statements and reports are required; and
b: the financial years or other period (which may be until further notice) for which each statement or report is required.
5: In this section, statement or report section 156A(4) 1989 No 80 s 220A
308: Annual report to be available for inspection
An institution's council must ensure that copies of its annual report are available at the office of the council for inspection during ordinary office hours by any person without charge. 1989 No 80 s 221 Miscellaneous provisions
309: Records relating to students
1: Each institution must keep records that show—
a: the progress of each student at the institution (including the main results achieved by the student) in the student’s programme of study or training; and
b: particulars of any allowances, grants, or other payments received by each student at the institution in respect of the student’s programme of study or training out of money appropriated by Parliament.
2: The records to be kept by an institution include (without limitation) records that enable the institution to comply with any requirement that may be made by the Secretary under section 310 1989 No 80 s 225
310: Secretary may require information
The Registrar or other appropriate officer of an institution must, if required by the Secretary, provide to the Secretary, in the form that the Secretary specifies, any statistical information in the possession of the institution that the Secretary specifies in relation to students generally or a particular class of students. 1989 No 80 s 226 Vice-Chancellors committee
311: Vice-Chancellors Committee continued
1: The committee known as the New Zealand Vice-Chancellors Committee established under section 240
2: The Vice-Chancellors Committee consists of the Vice-Chancellors of the institutions that are universities.
3: If an office of Vice-Chancellor of a university is vacant, the person for the time being acting in that office must be treated as the Vice-Chancellor of that university for the purposes of this Act.
4: The Vice-Chancellors Committee is a body corporate with perpetual succession and a common seal and is capable of—
a: holding real and personal property; and
b: suing and being sued; and
c: otherwise doing and suffering all that bodies corporate may lawfully do and suffer.
5: Sections 153 to 156
6: Schedule 12 1989 No 80 s 240
312: Functions of Vice-Chancellors Committee
The functions of the Vice-Chancellors Committee are—
a: to set up inter-university course approval and moderation procedures:
b: to exercise, in accordance with section 453
c: to list qualifications offered by universities on the Qualifications and Credentials
d: to grant scholarships to students enrolled or proposing to enrol at universities out of money under its control on the terms that the Committee thinks fit:
e: where another body has power to grant those scholarships,—
i: to make recommendations to the person or authority having power to make appointments to that body as to the persons who should be appointed:
ii: if authorised to do so, to make appointments to that body:
iii: if requested by that body to do so, to advise that body on the grant of those scholarships:
f: to make recommendations to NZQA on criteria for entrance to universities for the purposes of the performance by NZQA of its functions under section 434
g: if requested by the councils of the universities to do so, to consider applications by international students for enrolment at any of those universities and make recommendations to the councils in respect of those applications:
h: to liaise with the councils of institutions other than universities in respect of procedures for enrolling international students:
i: to issue certificates relating to degrees and other academic qualifications and courses of, or examinations conducted by, the University of New Zealand as if that university had continued in existence and to charge the reasonable fees for the certificates that the Committee determines:
j: to perform any other functions conferred on it by this Act or any other enactment. 1989 No 80 s 241 Section 312(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
313: Powers of Vice-Chancellors Committee
The Vice-Chancellors Committee has—
a: the powers given to it under this Act or any other enactment; and
b: all other powers reasonably necessary to enable it to perform its functions efficiently and effectively. 1989 No 80 s 242
4: Te Pūkenga—New Zealand Institute of Skills and Technology
314: Te Pūkenga—New Zealand Institute of Skills and Technology
1: This section continues the Te Pūkenga—New Zealand Institute of Skills and Technology as an institution.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister given after receiving a recommendation from Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: change the name of Te Pūkenga—New Zealand Institute of Skills and Technology
b: amend this Act or any other enactment by omitting from it the name of Te Pūkenga—New Zealand Institute of Skills and Technology
3: To avoid doubt, Te Pūkenga—New Zealand Institute of Skills and Technology subsection (2)
4: An order under this section is secondary legislation ( see Part 3 1989 No 80 s 222A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 314 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 314(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 314(2)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 314(2)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 314(3) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 314(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
315: Functions of
Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
a: to provide or arrange, and support, a variety of education and training, including vocational, foundation, and degree-level or higher education and training:
b: to conduct research, with a focus on applied and technological research:
c: to be responsive to and to meet the needs of the regions of New Zealand and their learners, industries, employers, and communities by utilising Te Pūkenga—New Zealand Institute of Skills and Technology’s national network of tertiary education programmes and activities:
d: to improve the consistency of vocational education and training by using skill standards and working in collaboration with workforce development councils:
e: to improve outcomes in the tertiary education system as a whole, including (without limitation) by making connections with schools and other organisations involved in tertiary education and by promoting and supporting life-long learning:
f: to improve outcomes for Māori learners and Māori communities in collaboration with Māori and iwi partners, hapū, and interested persons or bodies:
g: to carry out any other functions consistent with its role as a tertiary education institution. 1989 No 80 s 222B Section 315 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 315 amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
316: Te Pūkenga—New Zealand Institute of Skills and Technology’s
1: Te Pūkenga—New Zealand Institute of Skills and Technology Schedule 13
2: Te Pūkenga—New Zealand Institute of Skills and Technology
3: The duty in subsection (1) 1989 No 80 s 222C Section 316 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 316(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 316(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
317: Minister may specify administrative regions for
Te Pūkenga—New Zealand Institute of Skills and Technology The Minister may, by notice in the Gazette Te Pūkenga—New Zealand Institute of Skills and Technology 1989 No 80 s 222D Section 317 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 317 amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
318: Academic freedom of
Te Pūkenga—New Zealand Institute of Skills and Technology
1: It is the intention of Parliament in enacting the provisions of this Act relating to Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology’s
2: Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology
3: In this section, academic freedom Te Pūkenga—New Zealand Institute of Skills and Technology
a: the freedom of academic staff and students, within the law, to question and test received wisdom, to put forward new ideas, and to state controversial or unpopular opinions:
b: the freedom of academic staff and students to engage in research:
c: the freedom of Te Pūkenga—New Zealand Institute of Skills and Technology
d: the freedom of Te Pūkenga—New Zealand Institute of Skills and Technology
e: the freedom of Te Pūkenga—New Zealand Institute of Skills and Technology
4: In exercising academic freedom, Te Pūkenga—New Zealand Institute of Skills and Technology
a: the need for institutions to maintain the highest ethical standards and the need to permit public scrutiny to ensure the maintenance of those standards; and
b: the need for institutions to be accountable and to properly use resources allocated to them.
5: In performing their functions, Te Pūkenga—New Zealand Institute of Skills and Technology’s
6: To avoid doubt,—
a: nothing in subsection (3) section 366(1)﻿(b) to (f)
b: the performance of those functions by the workforce development council does not limit or affect the academic freedom of Te Pūkenga—New Zealand Institute of Skills and Technology subsection (3)﻿(a), (b), or (e) 1989 No 80 s 222E Section 318 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 318(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 318(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 318(3) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 318(3)﻿(c) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 318(3)﻿(d) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 318(3)﻿(e) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 318(4) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 318(5) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 318(6)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
319: Te Pūkenga—New Zealand Institute of Skills and Technology
1: Te Pūkenga—New Zealand Institute of Skills and Technology
a: appointing members to a staff committee or a students’ committee established under section 325
b: appointing directors to an Te Pūkenga—New Zealand Institute of Skills and Technology
2: Te Pūkenga—New Zealand Institute of Skills and Technology subsection (1) 1989 No 80 s 222F Section 319 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 319(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 319(1)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 319(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Te Pūkenga—New Zealand Institute of Skills and Technology’s Heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
320: Membership of
Te Pūkenga—New Zealand Institute of Skills and Technology’s
1: Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: 1 member who is a member of, and elected by, its staff committee; and
b: 1 member who is a member of, and elected by, its students’ committee; and
c: 1 member who is a member of, and elected by, its Māori advisory committee; and
d: the rest of the members must be appointed by the Minister.
2: A person is not eligible for appointment under subsection (1)
a: the person is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
b: a personal order has been made under that Act in respect of the person that reflects adversely on their—
i: competence to manage their own affairs in relation to their property; or
ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of their personal care and welfare; or
c: the person has been adjudicated bankrupt and has not obtained an order of discharge, or whose order of discharge has been suspended for a term that has not yet expired or is subject to any conditions that have not yet been fulfilled; or
d: the person has been removed from office as a member of the council.
3: An act or a proceeding of Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: a defect in the appointment or election of a member of the council or committee; or
b: a disqualification of a member of the council or committee; or
c: a defect in the convening of a meeting; or
d: a vacancy in the membership of the council or committee.
4: For the purposes of this section,—
a: a person referred to in subsection (1)﻿(a) Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
b: a person referred to in subsection (1)﻿(b) Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
5: To avoid doubt,—
a: all permanent members of Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology subsection (1)﻿(a)
b: all students enrolled at Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology subsection (1)﻿(b) 1989 No 80 s 222G Section 320 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 320(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 320(3) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 320(4)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 320(4)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 320(5)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 320(5)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
321: Matters to be considered when Minister appoints members to
Te Pūkenga—New Zealand Institute of Skills and Technology’s
1: The Minister must, as far as possible, ensure that Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: the ethnic, gender, and socio-economic diversity, and the diversity of abilities, of New Zealand’s population; and
b: the fact that New Zealand is made up of a number of regions.
2: When appointing members of Te Pūkenga—New Zealand Institute of Skills and Technology’s subsection (1)
a: have relevant knowledge, skills, and experience in relation to governance, cultural competency, and the importance of diversity; and
b: are likely to be able to fulfil their individual duties to the council; and
c: together with the other members of the council, are capable of undertaking its responsibilities, duties, and functions.
3: A person specified in section 320(1)﻿(a) and (b) section 320(2) 1989 No 80 s 222H Section 321 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 321(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 321(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
322: Chairperson and deputy chairperson
1: The Minister may appoint a chairperson and deputy chairperson of Te Pūkenga—New Zealand Institute of Skills and Technology’s
2: The Minister may, by written notice to the member concerned, dismiss the chairperson or deputy chairperson of Te Pūkenga—New Zealand Institute of Skills and Technology’s
3: However, the Minister may not dismiss the chairperson or deputy chairperson without first consulting them about the proposed dismissal.
4: The chairperson or deputy chairperson of Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: may resign as chairperson or deputy chairperson by giving written notice to the Minister; and
b: ceases to hold office if they—
i: cease to be a member of Te Pūkenga—New Zealand Institute of Skills and Technology’s
ii: become the chief executive of Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
iii: become a student enrolled at Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
5: A chairperson or deputy chairperson who resigns must give a copy of the notice of resignation to Te Pūkenga—New Zealand Institute of Skills and Technology’s
6: The chairperson or deputy chairperson of Te Pūkenga—New Zealand Institute of Skills and Technology’s subsection (4)﻿(b)
7: If the term of office of the chairperson or deputy chairperson expires before a successor is appointed, the chairperson or deputy chairperson continues in office until their successor is appointed. 1989 No 80 s 222I Section 322(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 322(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 322(4) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 322(4)﻿(b)﻿(i) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 322(4)﻿(b)﻿(ii) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 322(4)﻿(b)﻿(iii) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 322(5) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 322(6) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
323: Term of office
1: A member of Te Pūkenga—New Zealand Institute of Skills and Technology’s
2: When appointing members of Te Pūkenga—New Zealand Institute of Skills and Technology’s section 320(1)﻿(d)
a: the day on which the member’s appointment takes effect; and
b: the term for which the member is appointed. 1989 No 80 s 222J Section 323(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 323(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Additional provisions applying to Te Pūkenga—New Zealand Institute of Skills and Technology’s Heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
324: Determination of policy
1: In determining the policy of Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
2: For the purposes of subsection (1) Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
a: advise it on matters relating to work-based learning, courses of study or training, awards, and other academic matters; and
b: exercise powers delegated to it by the council.
3: Without limiting subsection (1) Te Pūkenga—New Zealand Institute of Skills and Technology’s subsection (2)
4: However, a decision or statute made by Te Pūkenga—New Zealand Institute of Skills and Technology’s subsection (1) or (3) 1989 No 80 s 222K Section 324(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 324(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 324(3) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 324(4) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
325: Te Pūkenga—New Zealand Institute of Skills and Technology’s
1: Te Pūkenga—New Zealand Institute of Skills and Technology’s
2: Each committee established under subsection (1) section 283(2)﻿(j)
3: Without limiting section 324(1) Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: consult each committee established under subsection (1)
b: consider any advice given on those matters or any other matters by the committee.
4: However, a decision or statute made by Te Pūkenga—New Zealand Institute of Skills and Technology’s subsection (3) 1989 No 80 s 222L Section 325 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 325(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 325(3) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 325(4) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
326: Membership of advisory committees
1: When appointing members of its staff committee or its students’ committee, Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: each committee consists of persons representing a minimum of each regional division of Te Pūkenga—New Zealand Institute of Skills and Technology section 319
b: each member of the staff committee is a permanent member of the teaching or general staff of Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
c: each member of the students’ committee is a student enrolled at Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
2: When appointing members of its Māori advisory committee, Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: representation from Te Pūkenga—New Zealand Institute of Skills and Technology
b: external people. 1989 No 80 s 222M Section 326(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 326(1)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 326(1)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 326(1)﻿(c) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 326(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 326(2)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
327: Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
1: A capital project may be undertaken by Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
a: the cost of, or level of risk of, the project to Te Pūkenga—New Zealand Institute of Skills and Technology subsection (2)
b: the project is within a capital plan of Te Pūkenga—New Zealand Institute of Skills and Technology
c: Te Pūkenga—New Zealand Institute of Skills and Technology
2: The Secretary must, after consulting Te Pūkenga—New Zealand Institute of Skills and Technology subsection (1)﻿(a)
3: This section applies despite section 299 1989 No 80 s 222N Section 327 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 327(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 327(1)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 327(1)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 327(1)﻿(c) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 327(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
328: Te Pūkenga—New Zealand Institute of Skills and Technology Unless section 282(5) Te Pūkenga—New Zealand Institute of Skills and Technology section 282(4)
a: it has notified Te Pūkenga—New Zealand Institute of Skills and Technology
b: Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology 1989 No 80 s 222O Section 328 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 328 amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 328(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 328(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Interventions relating to Te Pūkenga—New Zealand Institute of Skills and Technology Heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
329: Criteria for risk assessment of
Te Pūkenga—New Zealand Institute of Skills and Technology
1: For the purpose of exercising a power under any of sections 331 to 337 Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
b: the education and training performance of students enrolled at Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
2: The Secretary must publish the criteria in the Gazette
3: The criteria must be reviewed at least once in every 2 years following the date of their publication in the Gazette 1989 No 80 s 222P Section 329 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 329(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 329(1)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 329(1)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
330: Te Pūkenga—New Zealand Institute of Skills and Technology
1: If the chief executive of TEC has reasonable grounds to believe that Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
a: specified information about the operation, management, or financial position of Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
b: reports at specified intervals on specific aspects of the operation, management, or financial position of Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
2: If the chief executive of TEC requires information under subsection (1) Te Pūkenga—New Zealand Institute of Skills and Technology
3: If Te Pūkenga—New Zealand Institute of Skills and Technology’s council receives a notice under subsection (1)
4: The chief executive of TEC may revoke or amend a notice given under subsection (1) 1989 No 80 s 222Q Section 330 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 330(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 330(1)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 330(1)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 330(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
331: Minister may appoint Crown observer for
Te Pūkenga—New Zealand Institute of Skills and Technology
1: This section applies if the Minister believes on reasonable grounds that—
a: Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
b: the education and training performance of the students enrolled at Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
2: The Minister may appoint a Crown observer to Te Pūkenga—New Zealand Institute of Skills and Technology’s
3: However, a Crown observer may not be appointed unless the Minister has first—
a: consulted Te Pūkenga—New Zealand Institute of Skills and Technology’s
b: advised Te Pūkenga—New Zealand Institute of Skills and Technology’s
c: given Te Pūkenga—New Zealand Institute of Skills and Technology’s
4: An appointment under this section must be in writing and must state the date on which it takes effect.
5: A Crown observer may—
a: attend any meeting of Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology’s
b: offer advice to Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology’s
c: report to the Minister on any matter raised or discussed at any meeting that the person attends as a Crown observer.
6: Except as authorised by subsection (5)﻿(c) Te Pūkenga—New Zealand Institute of Skills and Technology’s
7: A Crown observer is not a member of Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: vote on any matter; or
b: exercise any of the powers, or perform any of the functions or duties, of a member of Te Pūkenga—New Zealand Institute of Skills and Technology’s 1989 No 80 s 222R Section 331 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 331(1)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 331(1)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 331(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 331(3)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 331(3)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 331(3)﻿(c) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 331(5)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 331(5)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 331(6) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 331(7) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 331(7)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
332: Specialist help
1: This section applies if the chief executive of TEC believes on reasonable grounds that—
a: Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
b: the education and training performance of the students enrolled at Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
2: The chief executive may, by written notice to Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: to obtain specialist help; or
b: to obtain specialist help for a related entity of Te Pūkenga—New Zealand Institute of Skills and Technology
3: The notice must state—
a: the help or kind of help to be obtained; and
b: the person or organisation, or kind of person or organisation, from whom or from which it is to be obtained.
4: As soon as practicable after receiving the notice, Te Pūkenga—New Zealand Institute of Skills and Technology’s
5: Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: provide the information and access, and do all other things, reasonably necessary to enable the person or organisation engaged to provide the help; and
b: to the extent that the help provided is advice, take the advice into account in performing its functions and duties; and
c: pay the person’s or organisation’s reasonable fees and expenses. 1989 No 80 s 222S Section 332(1)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 332(1)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 332(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 332(2)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 332(4) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 332(5) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
333: Performance improvement plan
1: This section applies if the chief executive of TEC believes on reasonable grounds that—
a: Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
b: the education and training performance of the students enrolled at Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
2: The chief executive may, by written notice to Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
3: The notice must state—
a: the matters to be addressed by the draft plan; and
b: the outcomes that implementation of the draft plan is intended to achieve; and
c: the times by which those outcomes should be achieved; and
d: the performance measures that are to be used to determine whether those outcomes have been achieved; and
e: the date by which the draft plan must be given to the chief executive.
4: Te Pūkenga—New Zealand Institute of Skills and Technology’s subsection (3)
5: The chief executive may—
a: approve the draft plan; or
b: after considering the draft plan, approve for Te Pūkenga—New Zealand Institute of Skills and Technology subsection (3)
6: If the council does not comply with subsection (4) Te Pūkenga—New Zealand Institute of Skills and Technology subsection (3)
7: The chief executive may not approve any plan other than a draft plan given to the chief executive before discussing it with Te Pūkenga—New Zealand Institute of Skills and Technology’s
8: Te Pūkenga—New Zealand Institute of Skills and Technology’s 1989 No 80 s 222T Section 333(1)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 333(1)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 333(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 333(4) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 333(5)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 333(6) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 333(7) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 333(8) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
334: Minister may appoint Crown manager for
Te Pūkenga—New Zealand Institute of Skills and Technology
1: This section applies if the Minister believes on reasonable grounds—
a: that there is a risk to the operation or long-term viability of Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
b: that the education and training performance of the students enrolled at Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
2: The Minister may, by written notice to Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology
3: The Minister may not appoint a Crown manager under subsection (2)
a: giving Te Pūkenga—New Zealand Institute of Skills and Technology’s
b: allowing Te Pūkenga—New Zealand Institute of Skills and Technology’s
c: considering any written submissions received from Te Pūkenga—New Zealand Institute of Skills and Technology’s
4: Whether a time is reasonable in any particular case may depend (among other things) on the urgency of the matters the Crown manager must deal with.
5: The notice must state—
a: the name of the Crown manager and the day on which their appointment takes effect; and
b: the functions of Te Pūkenga—New Zealand Institute of Skills and Technology’s
c: any conditions subject to which the Crown manager may perform those functions; and
d: any matters about which the Crown manager may advise Te Pūkenga—New Zealand Institute of Skills and Technology’s
6: As soon as practicable after appointing a Crown manager, the Minister must notify the appointment in the Gazette
7: While there is a Crown manager appointed for Te Pūkenga—New Zealand Institute of Skills and Technology
a: the Crown manager may perform any of the functions stated in the notice appointing them, and,—
i: for that purpose, the Crown manager has all the powers of Te Pūkenga—New Zealand Institute of Skills and Technology’s
ii: in performing any of those functions (and exercising any of those powers in order to do so) the Crown manager must comply with all relevant duties of Te Pūkenga—New Zealand Institute of Skills and Technology’s
b: Te Pūkenga—New Zealand Institute of Skills and Technology’s
i: may not perform any of those functions; but
ii: must provide the information and access, and do all other things, reasonably necessary to enable the Crown manager to perform those functions and exercise those powers.
8: The Crown manager must perform any function under subsection (7)﻿(a) section 318
9: Te Pūkenga—New Zealand Institute of Skills and Technology’s
10: If the Crown manager’s appointment has not been revoked earlier, the Minister must consider whether the reasons for the appointment still apply—
a: no later than 12 months after it was made; and
b: no later than 12 months after the Minister last considered whether they still apply. 1989 No 80 s 222U Section 334 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(1)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(1)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(3)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(3)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(3)﻿(c) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(5)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(5)﻿(d) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(7) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(7)﻿(a)﻿(i) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(7)﻿(a)﻿(ii) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(7)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 334(9) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
335: Personal liability of Crown manager
A Crown manager appointed under section 334
a: in good faith; and
b: in the course of performing their functions. 1989 No 80 s 222V
336: Powers may be used concurrently
To the extent that it is possible in practice, the powers specified in sections 330 to 334 1989 No 80 s 222W
337: Minister may dissolve
Te Pūkenga—New Zealand Institute of Skills and Technology’s
1: The Minister may, by written notice, dissolve Te Pūkenga—New Zealand Institute of Skills and Technology’s
a: there is a serious risk to the operation or long-term viability of Te Pūkenga—New Zealand Institute of Skills and Technology
b: other methods of reducing the risk have failed or appear likely to fail.
2: A notice under subsection (1)
a: the date on which the dissolution and appointment take effect; and
b: the name of the person appointed as commissioner.
3: The Minister may not exercise the power under subsection (1)
a: consulted Te Pūkenga—New Zealand Institute of Skills and Technology’s
b: following that consultation, given the council written notice of the Minister’s preliminary decision that Te Pūkenga—New Zealand Institute of Skills and Technology’s
c: allowed Te Pūkenga—New Zealand Institute of Skills and Technology’s
d: considered any submissions made by Te Pūkenga—New Zealand Institute of Skills and Technology’s
4: As soon as practicable after giving a notice under subsection (1)
a: publish a copy of it in the Gazette
b: present a copy of it to the House of Representatives.
5: When a commissioner is appointed under this section, the Minister must review the appointment at least once in every 12 months following the appointment.
6: As soon as the Minister is satisfied (following an annual review or at any other time) that the risk that gave rise to the appointment of the commissioner has been reduced enough so that it is appropriate that Te Pūkenga—New Zealand Institute of Skills and Technology sections 320 to 323
7: A commissioner’s appointment ends on the close of the day before a new council takes office.
8: Sections 291 292 293 subsection (1) section 290 1989 No 80 s 222X Section 337 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 337(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 337(1)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 337(3)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 337(3)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 337(3)﻿(c) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 337(3)﻿(d) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 337(6) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
338: Te Pūkenga—New Zealand Institute of Skills and Technology’s council may request intervention
If Te Pūkenga—New Zealand Institute of Skills and Technology’s council requests the Minister or the chief executive of TEC to act under any of sections 331 to 337
a: must consider any submission or evidence supplied by Te Pūkenga—New Zealand Institute of Skills and Technology’s council; and
b: must consider whether to act under that section; but
c: may then (if any necessary conditions are satisfied) act under another of those sections giving them power to act. 1989 No 80 s 222Y Application of Crown Entities Act 2004 to Te Pūkenga—New Zealand Institute of Skills and Technology’s Heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
339: Additional provisions of Crown Entities Act 2004 that apply to
Te Pūkenga—New Zealand Institute of Skills and Technology’s
1: The provisions set out in Part 2 Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology’s
2: Te Pūkenga—New Zealand Institute of Skills and Technology 1989 No 80 s 222Z Section 339 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 339(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 339(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Further provisions relating to Te Pūkenga—New Zealand Institute of Skills and Technology Heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
340: Formation of
Te Pūkenga—New Zealand Institute of Skills and Technology
1: Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
2: Schedule 15 Te Pūkenga—New Zealand Institute of Skills and Technology subsection (1)
3: The Governor-General may, by Order in Council made on the recommendation of the Minister, specify provisions of this Act that do not apply to an Te Pūkenga—New Zealand Institute of Skills and Technology subsection (1)
4: An order under this section is secondary legislation ( see Part 3 1989 No 80 s 222ZA The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 340 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 340(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 340(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 340(3) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 340(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
341: Application of Schedule 14
Schedule 14 Te Pūkenga—New Zealand Institute of Skills and Technology clause 1 1989 No 80 s 222ZB Section 341 amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
5: Private training establishments
342: Minister may recognise categories of private training establishments
1: The Minister may, by notice
2: The Minister must, by notice
3: A notice under this section is secondary legislation ( see Part 3 1989 No 80 s 232AA The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 342(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 342(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 342(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
343: Requirement to be registered before providing approved programmes or
micro-credentials A private training establishment must be registered before it can provide an approved programme or micro-credential 1989 No 80 s 232C Section 343 heading amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 343 amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Applications for registration
344: Application for registration as registered establishment
1: A private training establishment that is a body corporate may apply to NZQA for registration as a registered establishment for the purposes of this Act.
2: The application must—
a: include a written statement setting out—
i: the kinds of education the establishment proposes to provide; and
ii: the outcomes it seeks to achieve through the provision of those kinds of education; and
b: demonstrate how the establishment intends to meet the requirements of sections 346(1) 347(1) 348(1) and (2)
c: contain a statutory declaration from each governing member of the establishment in respect of—
i: any material conflicts of interest arising from the person's role as a governing member of the establishment; and
ii: any interests that the person has in organisations in the education or immigration sector that provide goods or services to tertiary students; and
d: contain a statutory declaration from each governing member of the establishment in respect of the matters described in section 347(1)﻿(a) to (g)
e: describe the arrangements that the establishment has in place to manage any conflicts of interest that may arise; and
f: be in a form and contain any other information that NZQA requires; and
g: be accompanied by an amount that NZQA requires as a deposit on the fee charged under section 457(1)﻿(a)﻿(vii)
3: NZQA may not consider an application for registration if the applicant does not provide all the information required under subsection (2) 1989 No 80 s 232D
345: NZQA may verify identity of governing members of private training establishment
1: NZQA may require a private training establishment to provide evidence of the identities of its governing members—
a: before considering its application for registration; or
b: at any time there is a change in the membership of the governing members of the establishment.
2: NZQA may interview any governing member of the establishment for the purpose of verifying the member’s identity. 1989 No 80 s 232E Determination of application
346: Grant or refusal of application
1: NZQA must grant an application for registration of a private training establishment if satisfied that—
a: every governing member of the establishment is a fit and proper person (after considering the criteria set out in section 347
b: the establishment has in place effective arrangements for managing any conflicts of interest that exist or may arise; and
c: no governing member of the establishment has a material conflict of interest that NZQA considers is or is likely to be unmanageable; and
d: no governing member of the establishment has an interest of a kind described in section 344(2)﻿(c)﻿(ii)
e: the establishment has, or is to have at the relevant time, adequate staff, equipment, and premises to provide its programmes or micro-credentials
f: the establishment,—
i: if it is already operational, has acceptable financial management practices and performance (for example, is able to pay its staff, taxes, and creditors); or
ii: if it is not yet operational, is likely to have acceptable financial management practices and performance (for example, is likely to be able to pay its staff, taxes, and creditors); and
g: the establishment complies, or is capable of complying and likely to comply, with the conditions of registration under section 348
h: before accepting the enrolment of any prospective student, the establishment provides or is to provide that student with a written statement of—
i: the total costs and other financial commitments associated with the programme or micro-credential
ii: any material conflicts of interest of any of the governing members of the establishment; and
iii: any interests of a kind described in section 344(2)﻿(c)﻿(ii)
i: if the establishment intends to enrol international students, it is to become a signatory to the applicable code issued under section 534
2: Registration may be granted for a specified period or indefinitely.
3: The grant of registration does not entitle the establishment or any of its students to receive financial assistance out of money appropriated by Parliament.
4: NZQA may refuse to grant registration to a private training establishment or cancel the establishment's registration (if already granted) if satisfied that a governing member of the establishment has provided a false or misleading declaration under section 344(2)﻿(c)
5: NZQA must give written notice to a private training establishment if it grants, refuses to grant, or cancels registration.
6: If NZQA refuses or cancels registration, it must give reasons for doing so. 1989 No 80 s 233 Section 346(1)﻿(e) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 346(1)﻿(h)﻿(i) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
347: Criteria for determining whether governing member is fit and proper person
1: For the purpose of determining whether a governing member of a private training establishment is a fit and proper person for that position, NZQA must give any weight that it thinks fit to all of the following matters:
a: the person’s experience in the provision of education services (for example, any previous involvement in a registered establishment); and
b: whether the person was a governing member of a registered establishment that was closed, sold due to insolvency, or taken over; and
c: whether the person has been convicted of any offence involving fraud, violence, or dishonesty, or any offence against this Act or section 352
d: whether the person is a defendant in proceedings in respect of an offence described in paragraph (c)
e: whether the person was adjudicated bankrupt under the Insolvency Act 2006; and
f: whether the person has been prohibited from being a director or promoter of, or being concerned or taking part in the management of,—
i: a company under the Companies Act 1993; or
ii: any other body corporate; and
g: whether the person has failed to disclose any material conflict of interest as required under section 344(2)﻿(c)﻿(i)
h: any other matter that NZQA considers relevant.
2: If the applicant has had direct involvement in the provision of education services that have failed, NZQA must give the applicant an opportunity to explain why this is unlikely to occur again. 1989 No 80 s 233A Conditions and other requirements of registration
348: Conditions of registration
1: A private training establishment must, as a condition of registration,—
a: comply at all times with the requirements in the rules made under section 452
b: keep up to date the written statement required under section 344(2)﻿(a)
c: ensure that—
i: existing governing members keep up to date the declarations required under section 344(2)﻿(c) and (d)
ii: any new governing member submits the declarations required under section 344(2)﻿(c) and (d)
2: NZQA may impose conditions on the registration of an establishment that are specific to the establishment or a group or class of establishments.
3: NZQA may, with the agreement of the establishment,—
a: impose new conditions on the establishment’s registration; or
b: amend or revoke any existing conditions.
4: NZQA may, without the agreement of an establishment, impose conditions on the establishment’s registration, or amend or revoke any existing conditions, but only if NZQA has first—
a: given written notice to the establishment of its intention to do so; and
b: given the establishment a reasonable opportunity to respond to the notice; and
c: considered any submissions made by the establishment in response to the notice.
5: When conditions are imposed, amended, or revoked, NZQA must give written notice to the establishment of the new, amended, or revoked conditions. 1989 No 80 s 233B
349: Annual registration fee
Every registered establishment must pay NZQA an annual registration fee of an amount prescribed by or determined under rules made under section 452 1989 No 80 s 233C Cancellation and lapse of registration
350: Cancellation of registration
1: NZQA may cancel the registration of a registered establishment—
a: if it is satisfied on reasonable grounds that—
i: the establishment no longer meets 1 or more of the criteria set out in section 346(1)
ii: the establishment is not complying, or has not complied, with 1 or more of its conditions of registration; or
b: if the establishment has provided false or misleading information in its application for registration; or
c: if it is satisfied on reasonable grounds that the establishment has failed or refused to comply with any relevant duties or obligations under this Act, including (without limitation) the obligations relating to student fee protection; or
ca: if the establishment has been convicted of an offence against section 352
d: at the written request of the establishment.
2: NZQA must cancel the registration of a registered establishment if—
a: the establishment has been convicted of an offence against this Act; or
b: a governing member of the establishment is convicted of any serious criminal activity or any offence referred to in paragraph (a)
3: Before cancelling a registration under subsection (1)﻿(a), (b), or (c)
a: notify the establishment that it is considering cancelling its registration, and give reasons; and
b: give the establishment a reasonable opportunity to respond to the notice; and
c: consider any submissions made by the establishment in response to the notice.
4: If NZQA cancels a registration under this section, it must give notice of its decision to both the establishment and TEC, with reasons.
5: Nothing in this section limits NZQA’s powers under section 459(6)﻿(a) 1989 No 80 s 233D Section 350(1)﻿(ca) inserted 1 August 2022 section 16(1) Education and Training Amendment Act 2022 Section 350(2)﻿(a) replaced 1 August 2022 section 16(2) Education and Training Amendment Act 2022
351: Effect of cancellation
1: Cancellation of registration under section 350 459(6)﻿(a) section 350(4) cancellation date
2: If the registration of a registered establishment is cancelled under section 350 459(6)﻿(a)
a: all approved programmes or micro-credentials
b: all accreditations granted to the establishment are withdrawn; and
c: all consents to assess against standards granted to the establishment are withdrawn.
3: No notice is required to be given to a registered establishment for a withdrawal under subsection (2) 1989 No 80 s 233E Section 351(2)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
352: Lapse of registration
1: The registration of a registered establishment lapses—
a: on the date that is 1 year after registration is granted if,—
i: within that period, the establishment does not provide an approved programme that it is accredited to provide to enrolled students; and
ii: within that period, the establishment does not provide an approved micro-credential it is accredited to provide
b: on the date that is 1 year after the establishment has ceased to provide to enrolled students—
i: any approved programme it is accredited to provide; and
ii: any approved micro-credential it is accredited to provide
2: Subsection (1)
a: the time for the lapse of the establishment's accreditation to provide an approved programme section 443(2) subsection (1)
b: the time for the lapse of the establishment's accreditation to provide an approved micro-credential section 447(2) subsection (1) accreditation to provide an approved micro-credential
3: Despite anything in subsections (1) and (2)
4: If a registered establishment is required under this Act to pay any fees to NZQA, and fails to pay those fees after receiving 2 reminder notices within 3 months, the registration of the establishment lapses on the date that is 1 calendar month after the date of the second reminder notice from NZQA.
5: NZQA must give written notice of the lapse of a registration to the establishment.
6: If the registration of a registered private training establishment lapses under subsection (1), (3), or (4)
7: No notice is required to be given to a registered establishment for a withdrawal under subsection (6) 1989 No 80 s 234 Section 352(1)﻿(a)﻿(ii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 352(1)﻿(b)﻿(ii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 352(2)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 352(2)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Fees for domestic students
353: Fees for domestic students and employers may not exceed maximums set in conditions of funding
1: A registered establishment that receives funding from TEC under section 425 428
a: may not exceed the maximum amount when fixing a tuition fee, a fee for the provision of student services, or a fee of a particular kind for any programme or micro-credential at the establishment; and
b: must comply with any limit or requirement specified in a condition imposed under section 426 429(2)
2:
3: In subsection (1) maximum amount section 426 429(2) 1989 No 80 s 234A Section 353(1) replaced 1 August 2022 section 17(1) Education and Training Amendment Act 2022 Section 353(2) repealed 1 August 2022 section 17(2) Education and Training Amendment Act 2022 Information that must be given to prospective students
354: Information that private training establishments must give prospective students
A private training establishment must—
a: ensure that all information made available to prospective students contains full details of—
i: the total fees for each programme or micro-credential micro-credential
ii: the class or lecture materials, books, special clothing, safety equipment, tools, and other items that are or may be required by the establishment to be bought or provided by students enrolled in each programme or micro-credential
b: before accepting the enrolment of any prospective student, give the student a written statement of—
i: the total costs of the programme or micro-credential micro-credential
ii: the cost of fees charged for student services provided by the establishment; and
iii: any material conflicts of interest of any of the governing members of the establishment; and
iv: any interests of a kind described in any statement required under section 344(2)﻿(c)﻿(ii)
c: give every prospective student a written statement of the student’s entitlements under sections 357 529 micro-credential 1989 No 80 s 234B Section 354(a)﻿(i) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 354(a)﻿(ii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 354(b)﻿(i) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 354(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Protection of student fees
355: Application of rules relating to student fee protection
1: This section applies to a person who receives money from a student for the purpose of enrolling, or helping the student to enrol, in a programme or micro-credential
2: The person must comply with the requirements of any rules made under section 452 1989 No 80 s 234D Section 355(1) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
356: Student fees must be deposited with independent trustee
1: If a private training establishment receives any funds paid by or on behalf of a student in respect of a programme or micro-credential
a: deposit those funds, as soon as practicable, with an independent trustee approved by NZQA; and
b: hold those funds on trust for the student until they are deposited with the independent trustee.
2: If a person to whom section 355 micro-credential
a: deposit those funds, as soon as practicable, with an independent trustee approved by NZQA unless the establishment has made alternative arrangements that are acceptable to NZQA; and
b: hold those funds on trust for the student until they are deposited with the independent trustee or in accordance with the alternative arrangements referred to in paragraph (a)
3: An independent trustee approved by NZQA must comply with the requirements of any rules made under section 452
4: NZQA—
a: may withdraw its approval of a particular trustee if satisfied that the trustee is not managing the trust funds in accordance with the rules; and
b: must, if approval for a trustee is withdrawn, appoint a new trustee in accordance with the rules.
5: The requirements specified in subsection (1)
a: in respect of any programme or micro-credential section 452(1)﻿(u)
b: in the case of a student or group of students for whom the private training establishment has deposited, with an independent trustee approved by NZQA, an amount of money that is sufficient to make the necessary refunds to that student or those students under section 357 529 1989 No 80 ss 234E 292G Section 356(1) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 356(2) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 356(5)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
357: Refund entitlements of domestic students
1: This section applies to a domestic student who—
a: is enrolled at a private training establishment for all or part of a programme or micro-credential
b: withdraws from that programme or micro-credential
2: The student is entitled to a refund of the payment (or the sum of any payments) made by the student in respect of the programme or micro-credential
3: Despite subsection (2)
a: allow every domestic student enrolled in a programme or micro-credential
b: refund to every domestic student who so withdraws a minimum amount or proportion, specified by NZQA, of any payments made by the student to the establishment in respect of the programme or micro-credential
4: If the student withdraws from a programme or micro-credential or micro-credential
a: to the trustee of the student's new education provider; or
b: if the fee has been paid for by student loan, to MSD; or
c: to the student, if neither paragraph (a) nor (b)
5: When the refund period, in relation to any fees paid by or behalf of a student, has expired,—
a: the fees paid must continue to be held in trust by the independent trustee and the private training establishment must be paid from the trust in the manner prescribed in the rules made under section 452
b: the private training establishment may, if NZQA approves, make alternative arrangements in relation to the fees paid.
6: An instrument containing a specification by NZQA under subsection (3) is secondary legislation ( see Part 3 1989 No 80 s 235 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 357(1)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 357(1)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 357(2) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 357(3)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 357(3)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 357(4) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 357(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
358: Rules apply if students withdraw because of programme or
micro-credential Any fees paid by or on behalf of a student who withdraws from a programme or micro-credential or micro-credential section 452 1989 No 80 s 235C Section 358 heading amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 358 amended 1 August 2022 section 73 Education and Training Amendment Act 2022
359: Requirement that funds be paid applies to all components of fee payable
The requirement that funds paid by or on behalf of a student be deposited with an independent trustee applies to all components of any fee payable by the student (for example, it includes any component of the fee payable by the student in respect of accommodation costs or agent commissions). 1989 No 80 s 234C
360: Ministerial direction to registered establishments relating to compulsory student services fees
Section 360 repealed 1 August 2022 section 18 Education and Training Amendment Act 2022 Student records
361: Duties of private training establishments to maintain student records
1: A private training establishment must—
a: keep accurate enrolment and academic records for each student enrolled in—
i: a programme or micro-credential
ii: standards-based study or training provided by the establishment through a consent to assess against standards granted under section 449
b: comply with rules made under section 452(1)﻿(q)
c: ensure that the enrolment records required to be kept under this section are up to date; and
d: ensure that the enrolment records are readily available, upon request, to—
i: NZQA:
ii: Immigration New Zealand:
iii: a code administrator:
iv: the department for the time being responsible for the administration of the Social Security Act 2018
v: Public Trust, if it is approved as an independent trustee for the private training establishment.
2: If a private training establishment closes, the establishment must forward each student’s records to—
a: the student’s new education provider; or
b: the student, if there is no new education provider. 1989 No 80 s 236A Section 361(1)﻿(a)﻿(i) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
6: Vocational education and training
362: Training agreements and apprenticeship training agreements part of employment agreement
Training agreements and apprenticeship training agreements are part of the employment agreement between the employee and employer concerned. 1989 No 80 s 478 1992 No 55 s 3 Workforce development councils
363: Establishment of workforce development councils
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, establish a workforce development council for 1 or more specified industries.
2: An order made under subsection (1)
a: must—
i: state the name of the workforce development council; and
ii: state the 1 or more specified industries that the workforce development council covers; and
iii: set out the governance arrangements for the workforce development council, including arrangements relating to the appointment, composition, suspension, or removal of members of the council; and
iv: state the additional functions (if any) conferred on the workforce development council by the Minister in accordance with section 366(1)﻿(l)
b: may—
i: outline the means by which the 1 or more specified industries covered by the workforce development council may engage with the council in relation to the performance or exercise of its functions, duties, or powers; and
ii: prescribe matters relating to the workforce development council’s use of its assets, including any assets allocated to the council from a transitional ITO under clause 57 of Schedule 1
iii: impose conditions on the performance or exercise of the workforce development council’s functions, duties, or powers; and
iv: provide for any other matters that are necessary or desirable to clarify the governance arrangements of the workforce development council.
3: In making a recommendation relating to the governance arrangements for a workforce development council, the Minister must, as far as is reasonably practicable, ensure that those arrangements provide for—
a: the collective representation of employers and employees in the 1 or more specified industries covered by the workforce development council in the governance of the council; and
b: the representation on the council of Māori employers from any or all of the 1 or more specified industries.
4: The Minister must not recommend the making of an order under subsection (1)
a: consulted the representatives of the 1 or more specified industries covered or proposed to be covered by the workforce development council; and
b: taken into account any views expressed by those representatives regarding—
i: the proposed name and governance arrangements of the workforce development council; and
ii: the desirability of avoiding duplication of resources in the coverage of workforce development councils in relation to the specified industries; and
iii: the capability required by the proposed workforce development council to perform and exercise its functions, duties, and powers efficiently and effectively.
5: An order under this section is secondary legislation ( see Part 3 1989 No 80 s 479 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 363(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
364: Disestablishment of workforce development councils
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, disestablish a workforce development council and provide for the distribution of its assets and liabilities.
2: The Minister may not recommend the disestablishment of a workforce development council under subsection (1)
a: the Minister has received a request from the workforce development council or 1 or more of the specified industries covered by the workforce development council for it to be disestablished and is satisfied on reasonable grounds that there are good reasons to do so; or
b: the Minister is satisfied that it is necessary to do so because—
i: the workforce development council has persistently engaged in unlawful activity; or
ii: the workforce development council has persistently failed to perform its functions or duties; or
iii: there has been a persistent pattern of complaints to the Commission or the Minister from the 1 or more specified industries covered by the workforce development council regarding the council’s performance or exercise of its functions, duties, or powers.
3: An order under this section is secondary legislation ( see Part 3 1989 No 80 s 480 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 364(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
365: Incorporation
Each workforce development council established under section 363
a: holding real and personal property; and
b: suing and being sued; and
c: otherwise doing and suffering all that bodies corporate may do and suffer. 1989 No 80 s 481
366: Functions of workforce development councils
1: The functions of a workforce development council, in relation to the specified industries covered by it, are— Leadership
a: to provide skills and workforce leadership for the specified industries, including by identifying their current and future needs and advocating for those needs to be met through its work with the industries and with schools, providers, regional bodies, and the Government: Developing and setting standards, capstone assessments, and qualifications
b: to develop, set, and maintain skill standards:
c: to develop and maintain industry qualifications for listing on the Qualifications and Credentials
d: to develop and maintain micro-credentials
e: to develop and maintain national curricula for qualifications for which it is responsible as a standard-setting body under section 438
f: to develop, set, and maintain capstone assessments based on the needs of the specified industries: Endorsing programmes and moderating assessments
g: to decide whether to endorse programmes developed by providers:
h: to carry out moderation activities in relation to any standards and capstone assessments it sets: Advisory and representative role
i: to provide employers with brokerage and advisory services approved by TEC:
j: to advise TEC, as provided for in section 411
i: about its overall investment in vocational education and training:
ii: about the mix of vocational education and training needed for the 1 or more specified industries covered by the workforce development council in the manner required by TEC:
k: to represent the interests of the specified industries: Other functions
l: to perform any other functions conferred on it by the Minister in relation to the specified industries.
2: For the purposes of subsection (1)﻿(g) Gazette section 439
3: The Minister must not confer any additional function on a workforce development council under subsection (1)﻿(l) 1989 No 80 s 482 Section 366(1)﻿(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 366(1)﻿(d) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 366(1)﻿(e) replaced 1 August 2022 section 19 Education and Training Amendment Act 2022
367: Workforce development council’s functions in relation to wānanga
1: Subject to subsection (2)
a: a workforce development council may endorse a programme developed by a wānanga only if requested by the wānanga:
b: a capstone assessment developed by a workforce development council applies to a wānanga only if requested by the wānanga.
2: If a programme includes a component of work-based training, a workforce development council may perform its functions under section 366 1989 No 80 s 483
368: Workforce development council may not operate registered establishment
1: A workforce development council may not operate or hold any interest (whether financial or otherwise) in a registered establishment.
2: A workforce development council must not, whether directly or through an agent,—
a: provide any education and training approved by NZQA; or
b: operate, or hold an interest in, an organisation that provides education and training approved by NZQA. 1989 No 80 s 484
369: Duties of workforce development councils
1: A workforce development council must comply with any prescribed quality assurance requirements set by NZQA relating to the performance of its functions.
2: In performing its functions, a workforce development council—
a: must take into account the needs of employers and employees in the 1 or more specified industries covered by the workforce development council but, in doing so, must also consider national and regional interests:
b: must have regard to the needs of Māori and other population groups identified in the tertiary education strategy issued under section 7
c: must, to the extent that is necessary or desirable in the circumstances, work collaboratively with—
i: providers in relation to the functions set out in section 366(1)﻿(b) , (c), and (e) section 268(2)﻿(d)﻿(ii)﻿(B)
ii: other workforce development councils, particularly on matters of common interest:
iii: NZQA, in relation to qualifications development, programme endorsement, or developing, setting, or maintaining skill standards or national curricula
iv: any relevant regulatory body that performs or exercises any functions, duties, or powers under an enactment in relation to entry to an occupation in any of the specified industries covered by the workforce development council:
d: must, when performing its functions under section 366(1)﻿(i) to (k) 1989 No 80 s 485 Section 369(2)﻿(c)﻿(i) amended 1 August 2022 section 20(1) Education and Training Amendment Act 2022 Section 369(2)﻿(c)﻿(iii) amended 1 August 2022 section 20(2) Education and Training Amendment Act 2022
370: Annual fee payable by workforce development council
1: A workforce development council must pay to NZQA an annual fee prescribed by or determined under rules made under section 452(1)﻿(h)
2: The annual fee may recover no more than the reasonable costs, excluding those costs that are recoverable through fees charged under section 457
a: prescribing quality assurance requirements under section 452(1)﻿(i)
b: monitoring compliance, and addressing non-compliance, with those requirements in accordance with its functions under section 433(1)﻿(e)
c: issuing quality assurance improvement notices under section 371
3: The fee is—
a: payable by the due date prescribed in the rules; and
b: recoverable as a debt due to NZQA. 1989 No 80 s 486
371: NZQA may issue quality assurance improvement notice
1: NZQA may, if satisfied that action is reasonably necessary to maintain the quality and effectiveness of a workforce development council’s performance of its functions, issue a quality assurance improvement notice to a workforce development council.
2: A quality assurance improvement notice must—
a: set out any concerns NZQA has about the workforce development council’s systems, practices, or procedures; and
b: specify the time within which the workforce development council is expected to address NZQA’s concerns (which must be a reasonable time, having regard to the nature and complexity of the action required); and
c: state that, if NZQA’s concerns are not addressed within the specified time, NZQA may issue a compliance notice under section 372
d: state the consequence of a failure to comply with a compliance notice. 1989 No 80 s 487
372: NZQA may issue compliance notice
1: NZQA may issue a compliance notice to a workforce development council requiring it to do either or both of the following:
a: do, or refrain from doing, a particular thing in relation to a prescribed quality assurance requirement:
b: address any concerns set out in a quality assurance improvement notice issued under section 371
2: Section 459(2) to (5)
3: If a workforce development council fails to comply with a compliance notice issued under this section, NZQA may notify the Minister in writing.
4: A compliance notice may be issued to a workforce development council whether or not a quality assurance improvement notice has been issued under section 371
5: Nothing in this section limits the power of NZQA to issue a compliance notice to a workforce development council in accordance with section 459 1989 No 80 s 488 Audit
373: Application of Public Audit Act 2001
Each workforce development council established under section 363 section 4 1989 No 80 s 489 Validity of acts
374: Acts in breach of statute invalid
1: An act of a workforce development council is invalid (unless section 375
a: the act is contrary to, or outside the authority of, an Act; or
b: the act is done otherwise than for the purpose of performing its functions.
2: Subsection (1) 1989 No 80 s 490 2004 No 115 s 19
375: Some natural person acts protected
1: Section 374
a: an express restriction in an Act makes the act contrary to, or outside the authority of, the Act; or
b: the act was done otherwise than for the purpose of performing the workforce development council’s functions.
2: A person who relies on subsection (1)
3: A workforce development council must report, in its financial report required by clause 13 section 374 subsection (1)
4: To avoid doubt, this section does not affect any person’s other remedies under the general law (for example, remedies in contract).
5: In this section, natural person act section 148(5) 1989 No 80 s 491 Apprenticeships
376: Apprenticeship training activities must be included in proposed plan
1: A provider that seeks funding for an apprenticeship training activity (as described in subsection (2)
2: The apprenticeship training activities
a: to promote apprenticeship training generally through providing information, guidance, and advice to employers and prospective apprentices about the benefits of an apprenticeship:
b: to identify—
i: prospective apprentices; and
ii: employers able to offer apprenticeship training that satisfies all of the work-based requirements of the approved programme of the provider:
c: to provide or arrange training or employment that may lead to apprenticeship training for prospective apprentices:
d: to help prospective apprentices enter into apprenticeship training agreements:
e: to produce, and facilitate (in consultation with the apprentice and the apprentice’s employer) the implementation of, individual training plans consistent with an apprentice’s apprenticeship training agreement:
f: to monitor individual apprentices to ensure that their apprenticeship training leads them to attain, within a reasonable time, the level of skills necessary to complete a qualification in the skills of the specified industry:
g: to ensure, as far as is reasonably practicable, that apprenticeship training, and every apprenticeship training agreement, within the specified industry is consistent with any apprenticeship training code:
h: to provide or procure appropriate pastoral care and support for apprentices, having regard to the age and experience of the apprentice and the contents of any apprenticeship training code. 1989 No 80 s 493 1992 No 55 s 13D
377: Duties of persons carrying out apprenticeship training activities
1: Persons carrying out apprenticeship training activities (whether or not via a plan) must,—
a: in performing any apprenticeship training activity described in section 376(2)
b: before helping a person to enter into an apprenticeship training agreement, advise that person to seek advice about the agreement from an independent person.
2: A provider must give written notice to an apprentice under the provider’s care if the provider becomes aware that it is impracticable for the apprentice to continue their apprenticeship training with their current employer.
3: A notice under subsection (2)
a: that the provider is able to assist the apprentice with finding a new employer with whom the apprentice can complete their apprenticeship training; and
b: if the apprentice so requests, the provider will make reasonable endeavours to find a new employer with whom the apprentice can complete their training. 1989 No 80 s 494 1992 No 55 s 13E
378: Minister may issue apprenticeship training code
1: The Minister may
a: is consistent with this subpart; and
b: sets out the responsibilities of apprentices, their employers, and persons carrying out apprenticeship training activities under this subpart.
2: The apprenticeship training code may, but need not, be a code recommended by TEC.
3: Before issuing an apprenticeship training code, the Minister may consult any persons or organisations that the Minister thinks fit.
4:
5: Before issuing an apprenticeship training code under subsection (1)
6: An apprenticeship training code—
a: is secondary legislation ( see Part 3
b: comes into force on a date specified in it, being not less than 28 days after it is published under that Act. 1989 No 80 ss 495 498 1992 No 55 ss 13F 13I The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	notify it in the Gazette Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 378(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 378(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 378(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
379: Availability of apprenticeship training code
Section 379 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
380: Apprenticeship training code to be taken into account by mediator, Employment Relations Authority, and Employment Court
In exercising or performing, in relation to a matter concerning an apprentice, any power or function under the Employment Relations Act 2000
a: a person providing mediation services under that Act:
b: the Employment Relations Authority:
c: the Employment Court. 1989 No 80 s 497 1992 No 55 s 13H Training levy
381: Purpose of levy
The purpose of sections 382 to 385 Schedules 16 1989 No 80 s 500 1992 No 55 s 24
382: Levy may be imposed by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, impose a levy on qualifying members of a levy group that is payable to a workforce development council.
2: The Minister may not recommend the making of an Order in Council unless the Minister is satisfied on reasonable grounds of the matters in section 384
3: A levy may be payable to—
a: 1 workforce development council by all qualifying members of the industry that is covered by that council; or
b: 1 workforce development council by all qualifying members of a specific industry that is within the range of industries covered by that council; or
c: more than 1 workforce development council, jointly, by all qualifying members of an industry that is covered by those councils.
4: A levy order under this section—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3 1989 No 80 s 501 1992 No 55 s 26 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 382(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
383: Minister must indicate whether orders to continue in force
1: The Minister on whose recommendation a levy order is made must indicate the Minister’s intentions with regard to the levy order continuing in force by publishing a notice in the Gazette subpart 3 6-month date
2: However, this section does not apply if the levy order has already been revoked, disallowed under subpart 2 Section 383 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
384: Restrictions on making of levy orders
1: The Minister may not recommend the making of a levy order under section 382
a: the workforce development council to which the levy is payable has, within the previous 12 months, balloted all known members of the levy group, in accordance with clauses 5 to 12
b: at least 60% of the ballot papers distributed were validly completed and returned before the closing date to the independent returning officer conducting the ballot; and
c: of the ballot papers validly completed and returned,—
i: more than 60% of the total supported the imposition of the levy; and
ii: more than 60%, weighted according to the size of the industry member that returned the ballot paper (calculated at the date on which the ballot closed and on the same basis as the levy is proposed to be charged, as set out in the ballot paper), supported the imposition of the levy; and
d: the details specified in the order do not differ in any material way from those specified in the ballot paper; and
e: the details specified in the order are acceptable to the Minister; and
f: the workforce development council has or is to have in place adequate systems for accounting to qualifying members of the levy group for the expenditure of levy funds; and
g: all other relevant matters known to the Minister have been properly considered.
2: When considering the matters in subsection (1) 1989 No 80 s 502 1992 No 55 s 27
385: Further provisions relating to training levy
Schedules 16 17
7: Offences
386: Offences relating to information requests from MSD
1: Any institution that intentionally fails or refuses to comply with clause 8(6) subsection (3)
2: An institution commits an offence and is liable on conviction to a penalty specified in subsection (3) clause 8(6)
a: makes a false or misleading statement; or
b: makes a statement from which any material matter has been omitted; or
c: provides any false or misleading paper, document, or record; or
d: provides a paper, document, or record from which any material matter has been omitted.
3: The maximum penalty for an offence against subsection (1) or (2)
4: Despite anything to the contrary in section 25 1989 No 80 s 226B 1993 No 87 s 226
387: Other offences relating to information requests from MSD
1: A private training establishment that intentionally fails or refuses to comply with clause 9(6) subsection (3)
2: A private training establishment commits an offence and is liable on conviction to the penalty specified in subsection (3) section 9(6)
a: makes a false or misleading statement; or
b: makes a statement from which any material matter has been omitted; or
c: provides any false or misleading paper, document, or record; or
d: provides a paper, document, or record from which any material matter has been omitted.
3: The maximum penalty for an offence against subsection (1) or (2)
4: Despite anything to the contrary in section 25 1989 No 80 s 236
388: Offences relating to handling student fees
A private training establishment that contravenes section 356(1) section 356(2) 1989 No 80 s 292G
389: Offences relating to duties to maintain student records
A private training establishment that fails, without reasonable excuse, to comply with the requirements of section 361 1989 No 80 s 292D
390: Offences relating to use of certain terms
1: A person commits an offence if the person—
a: uses the term university to describe an educational establishment or facility unless it—
i: is a university; or
ii: is a registered establishment or wānanga that has the Minister's consent under section 456
iii: was a university but, despite being incorporated under section 270(4) section 268(2)﻿(d)﻿(i) and (ii)﻿(A)
b: uses the term polytechnic to describe an educational establishment or facility unless the educational establishment or facility is Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
c: uses the term institute of technology to describe an educational establishment or facility unless the educational establishment or facility is Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
2: A person, other than a university, commits an offence if the person grants or purports to grant an award that is described as a degree, or the description of which includes the word bachelor, master, doctor, or postgraduate, unless the person has the consent of NZQA.
3: A person commits an offence if the person, without the consent of NZQA, grants or purports to grant an award that (or the name or description of which) includes the word national or the words New Zealand.
4: A person who commits an offence against this section is liable on conviction to a fine not exceeding $10,000. 1989 No 80 s 292 Section 390(1)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 390(1)﻿(c) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
391: Offences relating to false representations
1: A person commits an offence if the person falsely represents, expressly or by implication, that—
a: a qualification , credential, or micro-credential and Credentials
b: a programme or micro-credential
i: is an approved programme or training scheme; or
ii: leads to a qualification or micro-credential and Credentials
ba: a curriculum is a national curriculum recognised under section 438B
c: a body—
i: is a registered establishment; or
ii: has accreditation to provide an approved programme or micro-credential
iii: is providing or purports to provide an approved programme or micro-credential
iv: has consent to assess against standards; or
d: a standard is in the Directory of Assessment and Skill
e: the person is an agent of an institution, a government training establishment, a registered establishment, or a relevant school when the person is not.
2: A person who commits an offence against subsection (1)
3: A person commits an offence if the person, without reasonable excuse, makes a false representation for the purpose of receiving, or continuing to receive, free tertiary education from a tertiary education organisation.
4: A person who commits an offence against subsection (3)
5: For the purposes of subsection (3) free tertiary education
a: that a tertiary education organisation provides to, or arranges for, eligible students; and
b: that has costs (which would otherwise be payable by those students) that are (in whole or in part) met by money appropriated by Parliament. 1989 No 80 s 292A Section 391(1)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 391(1)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 391(1)﻿(ba) inserted 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 391(1)﻿(b)﻿(ii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 391(1)﻿(c)﻿(ii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 391(1)﻿(c)﻿(iii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 391(1)﻿(d) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
392: Offence to issue false qualifications and falsify records
1: A person commits an offence if the person—
a: receives an award knowing that the award falsely represents, expressly or by implication, that the person has achieved a qualification listed on the Qualifications and Credentials
b: knowingly or recklessly issues an award that falsely represents, expressly or by implication, that a person has achieved a qualification listed on the Qualifications and Credentials
c: enters or changes an educational outcome on a student’s record of achievement, knowing that or being reckless as to whether the entry or change has the effect of falsifying the student’s record; or
d: fails to enter an educational outcome on a student’s record of achievement, knowing that or being reckless as to whether the omission has the effect of falsifying the student’s record; or
e: causes, without reasonable excuse or lawful authority, an entry or a change to be made on a student’s record of achievement that has the effect of falsifying the student’s record.
2: A person who commits an offence against subsection (1)﻿(a)
3: A person who commits an offence against subsection (1)﻿(b), (c), (d), or (e) 1989 No 80 s 292C Section 392(1)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 392(1)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
393: Offence to provide or advertise cheating services
1: A person commits an offence if the person—
a: provides a specified service with the intention of giving a student an unfair advantage over other students; or
b: advertises a specified service knowing that the service has or is to have the effect of giving a student an unfair advantage over other students; or
c: publishes, without reasonable excuse, an advertisement for a specified service.
2: A person who commits an offence against subsection (1)
3: In this section,— specified service
a: completing an assignment or any other work that the student is required to complete as part of a programme or micro-credential
b: providing or arranging the provision of an assignment that the student is required to complete as part of a programme or micro-credential
c: providing or arranging the provision of answers for an examination that the student is required to sit as part of a programme or micro-credential
d: sitting an examination that the student is required to sit as part of a programme or micro-credential student micro-credential 1989 No 80 s 292E Section 393(3) specified service amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 393(3) specified service amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 393(3) specified service amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 393(3) specified service amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 393(3) student amended 1 August 2022 section 73 Education and Training Amendment Act 2022
394: Offence relating to registration of private training establishments
A private training establishment that contravenes section 343 1989 No 80 s 292F(2), (3)
395: Offences relating to enrolment of international students at private training establishments or institutions
1: A private training establishment that contravenes section 527(1) or (2)
2: The council of an institution (including an Te Pūkenga—New Zealand Institute of Skills and Technology section 525 1989 No 80 s 292F Section 395(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
396: Offences relating to allowances and student loans
1: A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if the person, in response to a requirement under clause 3(1) clause 3(3) of Schedule 9
a: makes a false or misleading statement; or
b: makes a statement from which any material matter has been omitted; or
c: provides any false or misleading paper, document, or record; or
d: provides a paper, document, or record from which any material matter has been omitted.
2: A recipient or non-recipient commits an offence and is liable on conviction to a fine not exceeding $2,000 if the recipient or non-recipient refuses to comply with clause 3(3)
3: A recipient commits an offence and is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $5,000 if the recipient, for the purpose of receiving or continuing to receive a statutory allowance or student loan, or a statutory allowance at a particular rate or any amount of a student loan, other than that to which the recipient is entitled,—
a: knowingly makes a false or misleading statement in an application for a statutory allowance or student loan; or
b: knowingly makes a false or misleading statement in a notification of a change in the recipient's circumstances that materially affects the recipient’s entitlement—
i: to a statutory allowance or student loan; or
ii: to be paid a statutory allowance at a particular rate or a particular amount of a student loan; or
c: wilfully fails to comply with clause 3(4)
4: Despite anything to the contrary in section 25 1989 No 80 s 307AA 1993 No 87 s 226A General provisions relating to offences
397: Injunctions and orders of High Court
1: If a person has engaged, is engaging, or proposes to engage in conduct that contravenes section 525(1) sections 389 to 395 398
a: restraining the person from engaging in that conduct; or
b: for the purpose of ensuring that the person does not engage in that conduct.
2: The court may grant the injunction or make the order on any terms that it thinks fit. 1989 No 80 s 292H
398: Liability of body corporate and directors in respect of certain offences
1: If, in proceedings in respect of conduct engaged in by a body corporate, being conduct to which any of sections 388 to 395
2: For the purpose of sections 388 to 395
a: a director, an employee, or an agent of the body corporate, acting within the scope of that individual’s actual or apparent authority; or
b: any other individual acting on the direction or with the consent or agreement (whether express or implied) of a director, an employee, or an agent of the body corporate, given within the scope of the actual or apparent authority of the director, employee, or agent.
3: If a body corporate is convicted of an offence against any of sections 388 to 395
a: approved of the act that constituted the offence; or
b: knew the offence was to be or was being committed and failed to take all reasonable steps to prevent it.
4: In this section, state of mind 1989 No 80 s 292B
5: Performance, funding, and support
399: Outline of Part 5
1: This Part, which concerns performance, funding, and support agencies, is divided into 8 subparts.
2: Subpart 1
3: Subpart 2
4: Subpart 3
5: Subpart 4
6: Subpart 5
7: Subpart 6
8: Subpart 7 well-being and safety
9: Subpart 8 1989 No 80 s 308 Section 399(8) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
1: Tertiary Education Commission
Preliminary provisions
400: Outline of framework for planning, funding, and monitoring in tertiary education sector
1: This section outlines the framework for planning, funding, and monitoring in the tertiary education sector and describes, in general terms, how the framework works:
a: the Minister determines the design of funding mechanisms and whether funding under those mechanisms is via plans:
b: TEC develops the details of how to implement funding mechanisms:
c: TEC issues guidance on what must be contained in proposed plans:
d: TEC identifies criteria for assessing proposed plans:
e: an organisation prepares a proposed plan—
i: in consultation with the persons or bodies the organisation considers ought to be consulted and any other persons specified by TEC; and
ii: in a manner consistent with TEC’s guidance:
f: the organisation submits its proposed plan to TEC:
g: TEC applies assessment criteria to the proposed plan and decides whether or not to give funding approval:
h: if the proposed plan is given funding approval, TEC determines the amount of funding payable to the organisation by applying the appropriate funding mechanism:
i: if an organisation’s proposed plan receives funding approval, TEC monitors the organisation’s performance to determine if it is achieving, or has achieved, the outcomes it has specified in its plan.
2: This section is by way of explanation only.
3: If any other section in this Act conflicts with this section, the other section prevails. 1989 No 80 s 159ABA Tertiary Education Commission
401: TEC continued
1: The Tertiary Education Commission ( TEC section 159C
2: TEC is—
a: owned by the Crown; and
b: a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: The members of TEC are the board for the purposes of the Crown Entities Act 2004
5: Schedule 18 1989 No 80 s 159C
402: Composition of TEC
1: TEC comprises at least 6, but not more than 9, members appointed in accordance with section 28(1)﻿(a)
2: At least 2 months before appointing a member, the Minister must advertise the Minister’s intention to appoint a member and must seek responses from interested persons.
3: When appointing members of TEC, the Minister must have regard to the need for its members to collectively have broad experience and expertise, and deep knowledge, about areas of the tertiary education sector.
4: Subsection (3) section 29 1989 No 80 s 159D
403: Chief executive
1: TEC must appoint a chief executive in accordance with section 117 of the Crown Entities Act 2004.
2: The chief executive may not be a member of TEC.
3: TEC must—
a: act independently when appointing the chief executive; and
b: monitor and evaluate the performance of the chief executive. 1989 No 80 s 159KA
404: Responsibilities of chief executive
The chief executive of TEC must—
a: ensure the efficient and effective administration of the affairs of TEC; and
b: act in accordance with lawful policies and directions given to the chief executive by TEC. 1989 No 80 s 159KB
405: Chief executive must monitor and report on institutions
The chief executive of TEC—
a: must, on an ongoing basis, monitor institutions that receive funding in order to assess whether the operation or long-term viability of any of those institutions is at risk; and
b: may report to the Minister on the outcome of that monitoring. 1989 No 80 s 159KBA
406: Additional requirement of
Te Pūkenga—New Zealand Institute of Skills and Technology’s
1: The chief executive of TEC may, by written notice to Te Pūkenga—New Zealand Institute of Skills and Technology’s Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
a: the governance, management, or financial position of Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
b: the education and training performance of students enrolled at Te Pūkenga—New Zealand Institute of Skills and Technology Te Pūkenga—New Zealand Institute of Skills and Technology
2: If Te Pūkenga—New Zealand Institute of Skills and Technology’s subsection (1)
3: The chief executive of TEC may revoke or amend a notice given under subsection (1) 1989 No 80 s 159KBB Section 406 heading amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 406(1) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 406(1)﻿(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 406(1)﻿(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 406(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
407: Declaration of interests
1: A person who is proposed to be appointed as chief executive of TEC must declare any interests (within the meaning of that term in section 10
2: If the chief executive has any direct or indirect interest in any transaction or other matter referred to in section 62 1989 No 80 s 159KC
408: Principles guiding how TEC operates
1: In performing its functions, TEC must—
a: comply with any direction of the Minister given under section 103
b: work closely with tertiary education providers and workforce development councils and their stakeholders.
2: TEC must have regard to the tertiary education strategy when performing its functions under this Act or any other enactment. 1989 No 80 ss 159AB 159G
409: Functions of TEC
1: The functions of TEC are—
a: to give effect to the tertiary education strategy issued under section 7
i: prescribing and publishing guidance on the content of, and processes associated with seeking funding approval for, proposed plans; and
ii: prescribing and publishing guidance on the criteria TEC is to use to assess proposed plans; and
iii: assessing proposed plans and deciding whether they are to receive funding approval by applying the relevant assessment criteria; and
iv: determining the amount of funding payable to organisations by applying the appropriate funding mechanisms; and
v: allocating funding to organisations that have plans; and
vi: allocating funding to organisations that are not required to have plans in order to receive funding; and
vii: prescribing what plan summaries must contain for the purposes of public inspection; and
viii: building the capability of organisations; and
b: to provide advice to the Minister about the activities and performance of tertiary education organisations and the tertiary education sector generally; and
c: to develop details of how to implement funding mechanisms; and
d: to implement funding mechanisms; and
e: to provide a publicly available careers information service that includes a database of information about occupations and tertiary education and training; and
f: to facilitate and strengthen the connections between schools, employers, and tertiary education organisations to ensure that students are prepared for employment and further education or training, or both; and
g: to provide advice to the Minister on the implementation of policy and on the operational implications of new policy initiatives; and
h: to monitor the performance of organisations that receive funding from TEC, including by measuring performance against specified outcomes; and
i: to undertake any functions directed by the Minister under section 416
j: to undertake any functions delegated to TEC, including (without limitation) functions relating to the funding of organisations other than under section 425 428
k: to ensure the availability within industry of high-quality vocational education and training; and
l: to promote the availability of vocational education and training to people of a kind or description specified in TEC’s statement of intent as people to whom that training has not traditionally been available (whether within a particular industry or industries, or generally); and
m: to develop and recommend to the Minister an apprenticeship training code for the purposes of section 378
n:
o: to monitor the performance of persons carrying out apprenticeship training activities (whether or not under a plan) to ensure that they comply with the apprenticeship training code; and
p: to exercise the powers and perform the functions of TEC under sections 381 to 385
q: to undertake any other function conferred on it by this Act or any other enactment.
2: In addition, TEC may provide information and other tertiary-related services to the Crown, provided that those functions are consistent with TEC’s statement of intent and are consistent with, and do not displace, any of its functions under subsection (1) 1989 No 80 s 159F Section 409(1)﻿(n) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
410: Certain powers may not be delegated
1: TEC may not delegate—
a: the power to appoint a chief executive; or
b: any other power that the Minister specifies by notice in writing to TEC.
2: This clause applies despite section 73 1989 No 80 s 159KG
411: Duties of TEC in relation to workforce development councils
1: TEC must—
a: have regard to advice from a workforce development council in relation to its 1 or more specified industries when assessing any proposed plan under section 425 section 428
b: give effect to advice from a workforce development council about the mix of vocational education and training needed for the 1 or more industries covered by the workforce development council when deciding to give funding approval to organisations under section 425(5)
2: The duty in subsection (1)﻿(b)
a: any funding limits set by the Minister under section 419 section 422
b: any constraints on the capacity or ability of organisations to provide, arrange, and support the mix of vocational education and training.
3: TEC must advise a workforce development council, in writing, if it is unable to give effect to the workforce development council’s advice about the mix of vocational education and training needed for the council’s specified industries due to any limits or constraints referred to in subsection (2)
a: what specific actions TEC intends to take to address those limits or constraints within the next 3 years; and
b: its right to object to the Minister if the workforce development council reasonably believes that TEC has not adequately responded to its advice about the mix of vocational education and training required to meet the needs of its specified industries. 1989 No 80 s 159FA
412: Power of TEC to require information from workforce development council
1: The chief executive of TEC may, by written notice to a workforce development council, require it to provide the chief executive with any information about the financial position or operations (or both) of the workforce development council (whether or not funded under a plan under section 425
2: A workforce development council that receives a notice under subsection (1)
3: The chief executive of TEC may revoke or amend a notice given under subsection (1) 1989 No 80 s 159FB
413: Power of TEC to audit workforce development councils
1: For the purpose of ascertaining whether a workforce development council is complying, or has complied, with this Act, the chief executive of TEC may commission an independent audit of the workforce development council.
2: The audit may (without limitation) include an assessment of—
a: the performance of the workforce development council’s functions:
b: the application of funding provided to the workforce development council by TEC. 1989 No 80 s 159FC
414: Secretary may delegate certain functions and powers to TEC
1: The Secretary may delegate to TEC any functions or powers of the Secretary under regulations made under section 645 646 clause 3
2: A delegation—
a: must be in writing; and
b: may not include a power to further delegate any function or power; and
c: may be revoked by notice in writing.
3: TEC may perform or exercise any functions or powers delegated to it in the same manner and with the same effect as if the functions or powers had been conferred on TEC directly, rather than by delegation.
4: If TEC purports to act under a delegation, TEC is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation. 1989 No 80 s 159AF
415: Minister may delegate functions or powers to TEC
1: The Minister may, either generally or specifically, delegate to TEC any or all of the Minister’s functions and powers under this Act (except those referred to in section 419
2: A delegation must be in writing.
3: No delegation under this section may include the power to delegate under this section.
4: The power of the Minister to delegate under this section—
a: is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister’s functions or powers; but
b: does not limit any power of delegation conferred on the Minister by any other Act.
5: TEC may perform or exercise any functions or powers delegated to it in the same manner and with the same effect as if they had been conferred on it directly and not by delegation (subject to any general or special directions given or conditions imposed by the Minister).
6: If TEC purports to act under any delegation, TEC is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
7: A delegation does not affect or prevent the Minister from performing any function or exercising any power or affect the Minister’s responsibility for the actions of any person acting under the delegation. 1989 No 80 s 159I
416: Minister may direct TEC
1: The Minister may, in accordance with section 112
2: However, the Minister may not direct TEC to provide or deny funding under section 425 428
3: If the Minister gives a direction to TEC, TEC must include in its annual report for each year to which the direction relates a report on how it has responded to the direction.
4: Every direction must be consistent with the tertiary education strategy and the functions of TEC. 1989 No 80 s 159J
417: Charging
1: TEC may charge a commercial rate for any goods and services that it provides under section 409(1)﻿(e) and (f)
2: However, TEC may not charge a commercial rate for any other goods and services that it provides unless the Minister approves.
3: TEC may charge an organisation a fee relating to the cost of TEC investigating whether the organisation has breached or is breaching a condition subject to which the organisation was given funding approval under section 425 section 428
4: However, TEC may charge a fee under subsection (3)
5: In deciding whether to charge an organisation a fee under subsection (3)
a: the nature and seriousness of the breach; and
b: the effect that a fee would have on the operation, long-term viability, and performance of the organisation. 1989 No 80 s 159E(1)–(5)
418: Application of Commerce Act 1986
Despite section 6 of the Commerce Act 1986, nothing in that Act applies to TEC except to the extent that it engages in supplying goods and services for which it charges. 1989 No 80 s 159K Funding mechanisms
419: Minister must determine design of funding mechanisms
1: The Minister must determine the design of the funding mechanisms that TEC uses to fund organisations.
2: Without limiting subsection (1)
a: identify the general form and essential components of each funding mechanism; and
b: indicate which of the funding mechanisms relates to—
i: funding to be paid by TEC under section 425
ii: funding to be paid by TEC under section 428
iii: other types of funding (if any).
3: Without limiting subsection (1)
a: specify the amount of money, or the proportion of an amount of money, available under any particular funding mechanism; and
b: provide for funding to different groups of organisations or types of organisation; and
c: provide for different versions of, or modifications to, a funding mechanism when applying it to different groups of organisations or types of organisation; and
d: specify the conditions that TEC must attach to funding that is provided under funding mechanisms, including (without limitation) conditions setting limits on and requirements relating to fees, including fees for student services,
i: domestic students:
ii: employers for supporting their employees’ work-based training; and
e: provide for funding that targets particular groups of students.
4: A determination under this section is secondary legislation ( see Part 3 1989 No 80 s 159L The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 419(3)﻿(d) amended 1 August 2022 section 21 Education and Training Amendment Act 2022 Section 419(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
420: Restrictions on design of funding mechanisms
1: In determining a design for a funding mechanism under section 419 section 423
a: identify a specified organisation or specified organisations to which funding is to be provided or denied under any funding mechanism; or
b: specify conditions under section 419(3)﻿(d) limits or requirements relating to
i: the Minister has published a notice in the Gazette
A: states that the Minister proposes to specify conditions of that kind; and
B: sets out the proposed conditions; and
C: invites submissions on the proposed conditions; and
D: specifies the date by which submissions must be received, which must be a date no later than 21 days after the date of the Gazette
ii: the date by which submissions must be received has passed.
2: However, the Minister may direct that funding be provided to Te Pūkenga—New Zealand Institute of Skills and Technology 1989 No 80 s 159M Section 420(1)﻿(b) amended 1 August 2022 section 22 Education and Training Amendment Act 2022 Section 420(2) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
421: Funding mechanisms consistent with quality assurance principle
Every funding mechanism must be consistent with the principle that receiving public funds is dependent on an organisation meeting the quality assurance requirements in this Act. 1989 No 80 s 159N
422: TEC to implement funding mechanisms
TEC must—
a: develop the details of how to implement the Minister’s determination of the design of funding mechanisms under section 419
b: implement the funding mechanisms. 1989 No 80 s 159O
423: Variation of determination of design of funding mechanisms
1: After TEC has implemented, or started to implement, the funding mechanisms under section 422
2: The Minister may only vary a determination—
a: if it is reasonably necessary to do so; and
b: by making changes in relation to the matters mentioned in section 419(3)
3: Before deciding to vary a determination, the Minister must consult—
a: all organisations that would be affected by a variation that the Minister proposes; and
b: all other persons and organisations that the Minister thinks fit to consult.
4: However, the Minister is not required to consult under subsection (3) section 419(3)﻿(d) limits or requirements relating to
5: If the Minister varies a determination, an organisation affected by the variation must—
a: consider whether any amendments are needed to its plan as a result of the variation; and
b: if it considers that a significant amendment is needed to its plan, or that its plan needs to be replaced, ask TEC to approve the significant amendment to, or the replacement of, its plan under clause 20
6: If the Minister varies a determination and, as a result of the variation, TEC must attach new conditions to funding under a funding mechanism,—
a: TEC must attach the new conditions to any funding approval that it has given under that funding mechanism; and
b: TEC must notify any affected organisation of the attachment of the new conditions to the organisation’s funding approval; and
c: the new conditions take effect on the date on which the affected organisation is so notified.
7: A variation of a determination under this section is secondary legislation ( see Part 3
8: The variation comes into force on the date specified in it, being no earlier than whichever is the later of the following:
a: the day that is 3 months after the date on which the Minister varies the determination:
b: the beginning of the calendar year after the calendar year during which the Minister varies the determination.
9: However, if the variation is in response to, or to support recovery from, an epidemic or an emergency declared or notified under an enactment, the variation comes into force on the date specified in it, even if it is not yet published. 1989 No 80 s 159OA The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 423(4) amended 1 August 2022 section 23 Education and Training Amendment Act 2022 Section 423(7) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 423(8) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 423(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
424: Criteria for assessing proposed plans
1: TEC must prescribe and give public notice of the criteria that TEC is to use to assess proposed plans to determine if they are to receive funding approval.
2: The prescribed criteria must include (without limitation) criteria for assessing—
a: how an organisation contributes to the Government’s current and medium-term priorities described in the tertiary education strategy; and
b: the tertiary education programmes and activities of an organisation in relation to which funding is sought under section 425
c: the performance indicators used in measuring whether the specified outcomes relating to those tertiary education programmes and activities are being or have been achieved; and
d: the extent and nature of an organisation’s consultation over its proposed plan.
3: When prescribing matters under subsection (1)
4: Notices given under subsection (1)
a: given at different times; and
b: amended by TEC.
5: TEC must give public notice of a significant amendment made under subsection (4)﻿(b) 1989 No 80 s 159Y
425: TEC may fund tertiary education programmes and activities
1: TEC must assess whether a proposed plan is to receive funding approval by applying the assessment criteria prescribed under section 424
2: After applying the assessment criteria, TEC may decide to—
a: fund (in whole or in part) all or some of the tertiary education programmes and activities described in the proposed plan under clause 4(d)﻿(i) and (ii)
b: not fund any of the tertiary education programmes or activities described in the proposed plan under clause 4(d)﻿(i) and (ii)
3: Before deciding not to fund some or any, or part of some or any, of the tertiary education programmes or activities, TEC must—
a: notify the organisation of its proposed decision; and
b: give the organisation a reasonable opportunity to be heard.
4: TEC must give its reasons to the affected organisation if it decides not to fund some or any, or part of some or any, of the tertiary education programmes or activities.
5: In deciding to give funding approval, TEC must—
a: specify the date from which that funding approval has effect; and
b: determine the amount of funding payable to the organisation by applying the appropriate funding mechanism; and
c: arrange for the payment to the organisation of the amount of funding determined under paragraph (b) 1989 No 80 s 159YA
426: Conditions on receiving funding
1: It is a condition of an organisation receiving funding under section 425
2: TEC may give funding approval subject to conditions, but only if the conditions are—
a: conditions that the Minister has determined TEC must attach to funding under section 419(3)﻿(d)
b: conditions that TEC considers necessary to ensure that the specified outcomes in a plan that relate to tertiary education programmes and activities in relation to which funding is being given are being achieved or are to be achieved; or
c: conditions that TEC considers reasonably necessary to enable TEC to effectively monitor the performance of organisations and the tertiary education sector generally.
3: If TEC intends to give funding approval subject to a condition of the type described in subsection (2)﻿(c)
a: give the affected organisation at least 21 days’ notice of the proposed condition; and
b: consider any submissions on the proposed condition made by the organisation.
4: TEC may amend any condition imposed under subsection (2)
5: The amendment to the condition takes effect when the organisation has been given reasonable notice of it. 1989 No 80 s 159YC
427: TEC may decline to assess proposed plans
1: TEC may decline to assess a proposed plan under section 425 Schedule 18 clause 7 clause 6
2: Before making a decision to decline to assess an organisation’s proposed plan, TEC must discuss with the organisation why the proposed plan does not adequately satisfy the requirements of Schedule 18
3: TEC must give its reasons to the affected organisation if it declines to assess the organisation’s proposed plan. 1989 No 80 s 159YB
428: Funding other than via plans
1: If a funding mechanism provides for funding for an organisation other than via plans, TEC may fund that organisation in accordance with that funding mechanism.
2: Nothing in subsection (1) 1989 No 80 s 159ZC
429: Conditions on funding received under section 428
1: It is a condition of receiving funding under section 428
2: TEC may impose conditions on funding received by an organisation under section 428
a: any or specified conditions may be imposed; or
b: specified conditions must be imposed.
3: TEC may amend any condition imposed under subsection (2)
4: An amendment to a condition takes effect when the organisation has been given reasonable notice of it. 1989 No 80 s 159ZD
2: New Zealand Qualifications Authority
430: NZQA continued
1: The body called the New Zealand Qualifications Authority ( NZQA this subpart
2: NZQA is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: The members of NZQA are the board for the purposes of the Crown Entities Act 2004 1989 No 80 s 256A Section 430(1) amended 16 December 2021 section 14 Education and Training Amendment Act 2021
431: Constitution
1: NZQA must have at least 8, but not more than 10, members.
2: In appointing members, the Minister must consult the persons, authorities, and bodies that the Minister thinks fit and must have regard to the interests of industry, the professions, and the authorities and bodies that are respectively responsible for providing secondary and tertiary education.
3: Subsection (2) section 29 1989 No 80 s 256B
432: Chief executive of NZQA
1: NZQA must appoint a chief executive of NZQA, on terms and conditions agreed by NZQA and the person appointed in accordance with section 117
2: NZQA may not delegate the power to appoint a chief executive.
3: Subsection (2) section 73
4: A delegation under section 73 1989 No 80 ss 256C 256D
433: Functions of NZQA
1: NZQA has the following functions:
a: to oversee the setting of standards for qualifications in relevant schools and in tertiary education:
b: to monitor and regularly review, and advise the Minister on, the standards for qualifications in relevant schools and in tertiary education, either generally or in relation to a particular organisation or a particular programme or micro-credential
c: to maintain mechanisms for the recognition of learning (for example, the recognition of learning through qualifications gained and standards met):
d: to maintain the Qualifications and Credentials and Skill
e: to monitor, through the exercise of its powers under this Act, compliance by workforce development councils with the prescribed quality assurance requirements, and to address non-compliance:
f: to monitor the quality and results of a workforce development council’s systems and procedures for its moderation activities:
g: to make rules, not inconsistent with this Act, under any provision of this subpart
h: to ensure there are mechanisms in place to guarantee that relevant schools and tertiary education providers that provide programmes or micro-credentials
i: to assist overseas governments, and agencies of those governments, by—
i: conducting examinations and assessments:
ii: approving programmes and micro-credentials
iii: granting accreditations for the provision of approved programmes or approved micro-credentials
iv: assisting governments and agencies to develop and conduct examinations, and to develop and confer awards:
j: to maintain effective liaison with overseas certifying and validating bodies, in order to recognise overseas educational and vocational qualifications in New Zealand and to achieve recognition overseas of New Zealand educational and vocational qualifications:
k: to ensure that post-school educational and vocational qualifications maintain international comparability:
l: to promote and monitor the delivery of inter-institutional programmes and micro-credentials
m: any other functions that are conferred on it by this Act or any other enactment.
2: NZQA may consult any persons, authorities, and bodies that it thinks fit for the purposes of performing any of its functions.
3: NZQA must have regard to the tertiary education strategy when performing its functions under this Act or any other enactment. 1989 No 80 ss 159AB 246A Section 433(1)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 433(1)﻿(d) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 433(1)﻿(g) amended 16 December 2021 section 14 Education and Training Amendment Act 2021 Section 433(1)﻿(h) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 433(1)﻿(i)﻿(ii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 433(1)﻿(i)﻿(iii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 433(1)﻿(l) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
434: Additional functions of NZQA relating to entrance to universities
1: In addition to its other functions, NZQA has,—
a: in relation to the rights of people who have not turned 20 years to obtain entrance to universities, the function of establishing and maintaining, by any means that it thinks fit, a common educational standard as a prerequisite for entrance to a university, other than discretionary entrance and entrance ad eundem statum
b: the function of consulting the universities about the criteria to be established for discretionary entrance, or entrance ad eundem statum
2: A person who is refused discretionary entrance or entrance ad eundem statum
3: NZQA must consider the appeal and,—
a: if it is satisfied that the person meets the criteria established by the universities, as mentioned in subsection (1)﻿(b)
b: if it is not so satisfied, must dismiss the appeal.
4: The council of a university must comply with a direction given to it by NZQA under subsection (3)﻿(a)
5: Before establishing standards for entrance to universities, NZQA must consult the council of each university and the Vice-Chancellors Committee. 1989 No 80 s 247
435: Research
NZQA has the power to carry out any research activities that it considers relevant to the performance of its functions. 1989 No 80 s 256 Qualifications and Credentials Heading amended 1 August 2022 section 24 Education and Training Amendment Act 2022
436: Qualifications and Credentials Framework
1: The Qualifications and Credentials Framework—
a: consists of all qualifications and micro-credentials that have been approved and listed by NZQA in accordance with the rules made under section 452
b: includes the rules relating to the framework made under that section.
2: NZQA—
a: must list on the Qualifications and Credentials Framework all qualifications and micro-credentials that it has approved in accordance with the rules made under section 452
b: may, in accordance with the rules, review, amend, remove, or alter the status of any qualification or micro-credential on the framework.
3: If a qualification is removed from the Qualifications and Credentials Framework,—
a: any programme approval granted to an institution under section 439
b: any accreditation granted to an institution under section 441
4: If a micro-credential is removed from the Qualifications and Credentials Framework,—
a: any approval of the content of that micro-credential granted to an institution under section 445
b: any accreditation granted to an institution under section 446A Section 436 replaced 1 August 2022 section 25 Education and Training Amendment Act 2022 Directory of Assessment and Skill Heading amended 1 August 2022 section 26 Education and Training Amendment Act 2022
437: Directory of Assessment
and Skill
1: The Directory of Assessment and Skill Standards consists of all assessment and skill
2: An application to have standards listed in the Directory—
a: may only be made by an approved standard-setting body; and
b: must be made in accordance with the rules. 1989 No 80 s 248A Section 437 heading amended 1 August 2022 section 27(1) Education and Training Amendment Act 2022 Section 437(1) amended 1 August 2022 section 27(2) Education and Training Amendment Act 2022
438: Standard-setting bodies
1: An approved standard-setting body includes—
a: a workforce development council established in accordance with section 363
b: the Ministry; and
c: NZQA; and
d: any other body approved by NZQA under subsection (3)
2: A body may apply, in accordance with the rules, to NZQA for approval as a standard-setting body.
3: In deciding whether to approve a standard-setting body, NZQA must apply the criteria set out in the rules, and must be satisfied that the applicant is able to—
a: draft standards that meet the requirements in the rules; and
b: manage consistency across New Zealand in learning outcomes in the relevant subject areas; and
c: carry out national moderation of assessment of students; and
d: develop and maintain national curricula for qualifications for which the standard-setting body is responsible. 1989 No 80 s 248B Section 438(3)﻿(d) inserted 1 August 2022 section 28 Education and Training Amendment Act 2022
438A: Standard-setting bodies may develop national curricula
1: An approved standard-setting body may develop and maintain a national curriculum for a qualification for which the body is responsible.
2: In performing this function, a standard-setting body must, to the extent that is necessary or desirable in the circumstances, work collaboratively with—
a: providers:
b: other standard-setting bodies, particularly on matters of common interest:
c: NZQA:
d: any relevant regulatory body that performs or exercises any functions, duties, or powers under an enactment in relation to entry to an occupation in any of the specified industries covered by the standard-setting body. Section 438A inserted 1 August 2022 section 29 Education and Training Amendment Act 2022
438B: Recognition of national curricula
1: The standard-setting body may apply to NZQA for recognition of a national curriculum.
2: NZQA—
a: may grant or refuse to grant recognition of the national curriculum to the applicant; and
b: must give the applicant written notice of its decision to grant or refuse recognition; and
c: may grant recognition for a specified period or indefinitely.
3: If 2 or more standard-setting bodies have developed a national curriculum together, they may make a joint application for recognition of the national curriculum.
4: If NZQA considers that there may be grounds for withdrawing recognition of a national curriculum,—
a: NZQA must give written notice to the standard-setting body concerned stating the grounds on which NZQA is considering withdrawing recognition; and
b: NZQA must give the standard-setting body reasonable time (as specified in the notice) to make submissions on the matter; and
c: after considering those submissions, NZQA—
i: may withdraw recognition from a specified date if it considers there are reasonable grounds to do so; and
ii: must notify the standard-setting body of the withdrawal (if any) and the reasons for it.
5: NZQA may withdraw recognition of a national curriculum from a specified date at the written request of the standard-setting body concerned. Section 438B inserted 1 August 2022 section 29 Education and Training Amendment Act 2022
438C: Recognised national curriculum treated as approved programme
1: For the purposes of this Act, a national curriculum that is recognised under section 438B section 439
2: However, the following sections do not apply in respect of a recognised national curriculum:
a: section 440
b: section 459 Section 438C inserted 1 August 2022 section 29 Education and Training Amendment Act 2022 Approval of programmes Heading inserted 16 December 2021 section 14 Education and Training Amendment Act 2021
439: Approval of programmes
1: An institution may apply to NZQA for approval of a programme.
2: NZQA—
a: may grant or refuse to grant approval of the programme to the applicant; and
b: is required only to consider the programme as a whole; and
c: must give the applicant written notice of its decision to grant or refuse approval; and
d: may grant approval for a specified period or indefinitely.
3: If 2 or more institutions have prepared a programme together, they may make a joint application for approval of the programme.
4: If NZQA considers that there may be grounds for withdrawing approval of a programme,—
a: NZQA must give written notice to the institution concerned stating the grounds on which NZQA is considering withdrawing approval; and
b: NZQA must give the institution reasonable time (as specified in the notice) to make submissions on the matter; and
c: after considering those submissions, NZQA—
i: may withdraw approval if it considers there are reasonable grounds to do so; and
ii: must notify the institution of the withdrawal (if any) and the reasons for it.
5: NZQA may withdraw approval of a programme at the written request of the institution concerned.
6: This section—
a: is subject to section 453
b: does not limit NZQA’s power to withdraw a programme approval under section 459(6)
c: does not apply in respect of NCEA. 1989 No 80 s 249
440: Conditions on programme approvals
1: Every programme approval is subject to the condition that the institution complies at all times with the relevant rules, except to the extent that NZQA exempts the institution, by a condition on the approval, from compliance.
2: When approving a programme, NZQA may impose conditions on the approval that are specific to the programme or to a class of programmes.
3: NZQA may, with the agreement of the institution that holds the programme approval,—
a: impose new conditions on the approval; or
b: amend or revoke any existing conditions.
4: NZQA may, without the agreement of the institution, impose conditions on a programme approval, or amend or revoke any existing conditions, but only if NZQA has first—
a: given written notice to the institution of its intentions; and
b: given the institution a reasonable opportunity to respond to the notice; and
c: considered any submissions made by the institution in response to the notice.
5: When conditions are imposed, amended, or revoked, NZQA must give notice in writing to the institution that holds the approval of the new, amended, or revoked conditions. 1989 No 80 s 249A Accreditation to provide approved programmes
441: Accreditation to provide approved programmes
1: An institution may not offer or provide all or part of an approved programme unless the institution is granted accreditation to provide the programme or part of the programme.
2: An institution may apply to NZQA for a grant of accreditation to provide all or part of a programme.
3:
4: NZQA—
a: may grant or refuse to grant accreditation to the institution to provide all or part of the programme; and
b: must give the institution written notice of its decision to grant or refuse accreditation; and
c: may grant accreditation for a specified period or indefinitely
4A: If NZQA grants accreditation to the institution to provide all or part of the programme and the programme or part of the programme incorporates standards from the Directory of Assessment and Skill Standards, the institution is authorised to assess against those standards.
5: This section—
a: does not apply to any secondary school qualification or class of secondary school qualification that NZQA exempts, by notice
b: is subject to section 453
6: A notice under subsection (5)﻿(a) is secondary legislation ( see Part 3 1989 No 80 s 250 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 441(3) repealed 1 August 2022 section 30(1) Education and Training Amendment Act 2022 Section 441(4)﻿(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 441(4A) inserted 1 August 2022 section 30(2) Education and Training Amendment Act 2022 Section 441(5)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 441(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
442: Conditions on accreditation
1: Every accreditation to provide an approved programme section 452
2: When granting accreditation to an institution to provide an approved programme, NZQA may impose conditions on the accreditation that are—
a: specific to the programme or a particular class of programmes; or
b: specific to the institution or a particular class of institutions.
3: NZQA may, with the agreement of the accredited institution, impose new conditions on the accreditation and may amend or revoke any existing conditions.
4: NZQA may, without the agreement of the institution, impose conditions on an accreditation, or amend or revoke any existing conditions, but only if NZQA has first—
a: given written notice to the institution of its intentions; and
b: given the institution a reasonable opportunity to respond to the notice; and
c: considered any submissions made by the institution in response to the notice.
5: When conditions are imposed, amended, or revoked, NZQA must give notice in writing to the accredited institution of the new, amended, or revoked conditions. 1989 No 80 s 250A Section 442(1) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
443: Lapse of accreditation
to provide approved programme
1: An accreditation to provide an approved programme
a: 12 months have passed since accreditation was granted and the institution has not during that time provided all or part of the programme to which the accreditation relates; or
b: 12 months have passed since the institution last provided all or part of the programme to which the accreditation relates; or
c: the programme to which the accreditation relates ceases to be an approved programme; or
d: the status of the qualification to which the accreditation relates is discontinued on the Qualifications and Credentials
2: Despite subsection (1) subsection (1)﻿(a) or (b)
3: NZQA must give written notice of the lapse of an accreditation to the institution concerned. 1989 No 80 s 250B Section 443 heading amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 443(1) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 443(1)﻿(d) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
444: Withdrawal of accreditation
to provide approved programme
1: If NZQA considers that there may be grounds for withdrawing an accreditation to provide an approved programme
a: setting out the grounds on which NZQA is considering withdrawing the accreditation; and
b: giving the institution a reasonable period to make submissions on the matter.
2: After that period, and having considered any submission made by the institution, NZQA may, on any reasonable grounds, withdraw the accreditation.
3: If NZQA withdraws an accreditation under subsection (2)
4: NZQA may withdraw an accreditation at the written request of the institution concerned.
5: This section does not limit NZQA’s power to withdraw an accreditation under section 459(6) 1989 No 80 s 250C Section 444 heading amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 444(1) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Micro-credentials Heading replaced 1 August 2022 section 31 Education and Training Amendment Act 2022
445: Application for
micro-credential
1: An institution may apply to NZQA for approval of the content of a micro-credential
2: NZQA—
a: may grant or refuse to grant approval of the content of the micro-credential
b: must give the institution and any joint applicant written notice of its decision to grant or refuse approval; and
c: may grant approval for a specified period or indefinitely.
3:
4: This section does not apply to any secondary school qualification or class of secondary school qualification that NZQA exempts, by notice
5: A notice under subsection (4) is secondary legislation ( see Part 3 1989 No 80 s 251 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 445 heading amended 1 August 2022 section 32(1) Education and Training Amendment Act 2022 Section 445(1) amended 1 August 2022 section 32(2) Education and Training Amendment Act 2022 Section 445(2)﻿(a) amended 1 August 2022 section 32(3) Education and Training Amendment Act 2022 Section 445(3) repealed 1 August 2022 section 32(4) Education and Training Amendment Act 2022 Section 445(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 445(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
446: Conditions of
micro-credential
1: Every approval of the content of a micro-credential section 452
2: NZQA may impose conditions on an approval section 442(2) to (5) accreditation or accreditation to provide an approved programme 1989 No 80 s 251A Section 446 heading amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 446(1) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 446(2) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
446A: Accreditation to provide approved micro-credentials
1: An institution may not offer or provide an approved micro-credential unless the institution is granted accreditation to provide the micro-credential.
2: An institution may apply to NZQA for accreditation to provide a micro-credential.
3: NZQA—
a: may grant or refuse to grant accreditation to the institution to provide the micro-credential; and
b: must give the institution written notice of its decision to grant or refuse accreditation; and
c: may grant accreditation for a specified period or indefinitely.
4: If NZQA grants accreditation to the institution to provide the micro-credential and the micro-credential incorporates standards from the Directory of Assessment and Skill Standards, the institution is authorised to assess against those standards. Section 446A inserted 1 August 2022 section 33 Education and Training Amendment Act 2022
446B: Conditions on accreditation to provide approved micro-credentials
1: Every accreditation to provide an approved micro-credential is subject to the condition that the institution complies at all times with the relevant rules made under section 452
2: NZQA may impose conditions on an accreditation to provide an approved micro-credential, and, for that purpose, section 442(2) to (5) Section 446B inserted 1 August 2022 section 33 Education and Training Amendment Act 2022
447: Lapse of
accreditation to provide approved micro-credential
1: An accreditation to provide an approved micro-credential granted to an institution lapses when—
a: 12 months have passed since the accreditation was granted and the institution has not during that time provided the micro-credential to which the accreditation relates; or
b: 12 months have passed since the institution last provided the micro-credential to which the accreditation relates.
2: Despite subsection (1) subsection (1)﻿(a) or (b)
3: NZQA must give written notice of the lapse of an accreditation 1989 No 80 s 251C Section 447 heading amended 1 August 2022 section 34(1) Education and Training Amendment Act 2022 Section 447(1) replaced 1 August 2022 section 34(2) Education and Training Amendment Act 2022 Section 447(3) amended 1 August 2022 section 34(3) Education and Training Amendment Act 2022
448: Withdrawal of
micro-credential approval or accreditation
1: If NZQA considers that there may be grounds for withdrawing an approval of the content of a micro-credential or an accreditation to provide a micro-credential
a: setting out the grounds on which NZQA is considering withdrawing the approval or accreditation
b: giving the institution a reasonable period to make submissions on the matter.
2: After the period referred to in subsection (1)﻿(b)
a: may, on reasonable grounds, withdraw the approval or accreditation
b: must give notice of the withdrawal, with reasons, to the institution concerned.
3: This section does not limit NZQA’s power to withdraw a approval or accreditation section 459(6)
4: NZQA may withdraw a approval or accreditation 1989 No 80 s 251B Section 448 heading amended 1 August 2022 section 35(1) Education and Training Amendment Act 2022 Section 448(1) amended 1 August 2022 section 35(2) Education and Training Amendment Act 2022 Section 448(1)﻿(a) amended 1 August 2022 section 35(3) Education and Training Amendment Act 2022 Section 448(2)﻿(a) amended 1 August 2022 section 35(4) Education and Training Amendment Act 2022 Section 448(3) amended 1 August 2022 section 35(4) Education and Training Amendment Act 2022 Section 448(4) amended 1 August 2022 section 35(4) Education and Training Amendment Act 2022 Consent to assess against standards
449: Consent to assess against standards
1: An institution that proposes to assess its students against standards listed in the Directory of Assessment and Skill
2: NZQA may grant or refuse consent to assess against those standards.
3: NZQA may withdraw a consent, but only after complying with subsection (4)
4: Before NZQA withdraws a consent, it must—
a: give written notice of its intentions to the institution; and
b: give the institution a reasonable opportunity to respond to the notice; and
c: consider any submissions made by the institution in response to the notice.
5: NZQA must give the institution written notice of its decision under subsection (3)
6: Despite subsection (3) 1989 No 80 s 252 Section 449(1) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
450: Conditions on consent
1: Every consent to assess against standards is subject to the condition that the institution complies at all times with the relevant rules made under section 452
2: NZQA may impose conditions on a consent to assess against standards, and for that purpose section 442(2) to (5) accreditation or accreditation to provide an approved programme 1989 No 80 s 252A Section 450(2) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
451: When consent expires or ceases to have effect
1: A consent to assess against standards expires—
a: when any
b: when the status of all standards to which the consent relates is discontinued in the Directory of Assessment and Skill
2: If the status of any standard to which the consent relates is discontinued in the Directory of Assessment and Skill 1989 No 80 s 252B Section 451(1)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 451(1)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 451(2) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Rules
452: Rules
1: NZQA may make rules—
a: prescribing the process for, and the information required in, an application for—
i: registration of a private training establishment:
ii: approval of a programme:
iii: approval of a micro-credential
iv: accreditation:
v: consent to assess against standards:
vi: approval as a standard-setting body:
vii: the listing of a qualification or micro-credential on the Qualifications and Credentials Framework:
viii: the listing of a standard on the Directory of Assessment and Skill
ix: recognition of a national curriculum:
b: prescribing criteria that NZQA must apply when considering—
i: each class of application described in paragraph (a)
ii: different kinds of application within each class:
c: prescribing requirements that the applicant must meet in order to maintain the registration, approval, accreditation, consent, or recognition
d: prescribing the amount of, or the method of determining, the annual registration fee required under section 349
e: prescribing the requirements for the protection of student fees that must be met by a private training establishment, any person to whom section 355
f: prescribing matters relating to the general operation of the Qualifications and Credentials and Skill
g: prescribing the quality assurance requirements that must be met by providers of adult and community education:
h: prescribing the amount of, or the method of determining, the annual fee payable by a workforce development council and when and how that fee is payable:
i: prescribing quality assurance requirements for workforce development councils, including (without limitation) requirements relating to the performance of the relevant functions of workforce development councils:
j:
k: providing for the review, amendment, removal, or alteration of the status of qualifications, micro-credentials, and standards, including their components (including where amendments to titles occur, consequential amendments to approved programmes of study or training titles, micro-credential approval titles, accreditations to provide approved programmes or approved micro-credentials, and consents to assess against standards):
l: providing any special requirements for NCEA and other secondary school qualifications or awards for the purposes of the Qualifications and Credentials
m: providing for the conduct of assessments and examinations relating to any qualifications or awards:
n: prescribing the details for credits, cross-credits, recognition of prior learning, and moderation:
o: prescribing requirements for qualifications in respect of which NZQA is the qualifications developer:
p: prescribing requirements relating to work-based training:
q: providing for the following matters for the purposes of section 361
i: the kinds of enrolment and academic records that must be kept:
ii: the manner in which the records must be kept:
iii: how long the records must be kept:
r: prescribing reporting requirements that institutions or workforce development councils must comply with in relation to the student’s record of achievement that is maintained by NZQA:
s: for the purposes of rules made under paragraph (r)
t: prescribing the quality assurance requirements for tertiary education bodies in respect of which NZQA grants approvals or consents under this subpart:
u: prescribing the types of programmes and micro-credentials section 356(1)
ua: prescribing the process that an institution must follow in order to make any 1 of the following types of transitions:
i: a transition from education and training that leads to a qualification through an approved programme that it is accredited to provide to education and training that it is accredited to provide through a national curriculum (or vice versa):
ii: a transition from education that leads to a qualification through a national curriculum that it is accredited to provide to an amended or a replacement national curriculum for that qualification.
v: providing for any other matters contemplated by this subpart and subpart 5
2: Without limiting any power to make rules under this section, restrictions on the use of standards may be included in any rules made under subsection (1)﻿(b)
a: prescribe criteria that NZQA must apply when considering applications for approval of a programme leading to a degree or postgraduate qualification:
b: prescribe criteria that NZQA must apply when considering applications for the listing of a degree or postgraduate qualification on the Qualifications and Credentials
c: prescribe criteria that NZQA must apply when considering applications for the listing of a standard in the Directory of Assessment and Skill
3: Rules made under subsection (1)﻿(o)
4: Before making rules under this section that apply to a class of institutions, NZQA must consult,—
a: if the rules relate to universities, the Vice-Chancellors Committee; and
b: if the rules relate to bodies that provide adult and community education, those bodies or a body that represents their interests; and
c: if the rules relate to a class of institutions in respect of which there is a body whose function is to set up programme approval and moderation procedures, the representative bodies of those institutions, and any other bodies as NZQA considers appropriate.
5: Any proposed rules under this section must be approved by the board of NZQA and the Minister before being made, but, if the rules relate to any matter described in subsection (1)﻿(m)
6: Rules under this section are secondary legislation ( see Part 3
7: 1989 No 80 s 253 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it on an Internet site maintained by, or on behalf of, NZQA •	make it available in printed form for purchase at a reasonable price on request by members of the public Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 452(1)﻿(a)﻿(iii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 452(1)﻿(a)﻿(vii) replaced 1 August 2022 section 36(1) Education and Training Amendment Act 2022 Section 452(1)﻿(a)﻿(viii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 452(1)﻿(a)﻿(ix) inserted 1 August 2022 section 36(2) Education and Training Amendment Act 2022 Section 452(1)﻿(c) amended 1 August 2022 section 36(3) Education and Training Amendment Act 2022 Section 452(1)﻿(f) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 452(1)﻿(j) repealed 1 August 2022 section 36(4) Education and Training Amendment Act 2022 Section 452(1)﻿(k) replaced 1 August 2022 section 36(5) Education and Training Amendment Act 2022 Section 452(1)﻿(l) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 452(1)﻿(u) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 452(1)﻿(ua) inserted 1 August 2022 section 36(6) Education and Training Amendment Act 2022 Section 452(2)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 452(2)﻿(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 452(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 452(7) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Functions and powers of NZQA in relation to universities
453: Exercise of certain powers of NZQA by Vice-Chancellors Committee
1: In this section, powers of NZQA sections 439 to 448 458(1)﻿(b) 459
2: The powers of NZQA, as far as they are applicable to universities, may be exercised by the Vice-Chancellors Committee in relation to universities as if references to NZQA in the relevant provisions were references to the Vice-Chancellors Committee.
3: In exercising the powers of NZQA, the Vice-Chancellors Committee—
a: must apply the relevant rules made under section 452
b: may charge fees to a university for the grant of any approval or accreditation:
c: may list or arrange for the listing of qualifications offered by universities on the Qualifications and Credentials
d: may correct any errors or omissions in the listing of qualifications on the Qualifications and Credentials
4: To avoid doubt, this section does not limit NZQA’s power to delegate its functions or powers under the Crown Entities Act 2004 1989 No 80 s 253A Section 453(3)﻿(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 453(3)﻿(d) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Granting of awards
454: Powers of NZQA in granting of awards
1: A person may apply to NZQA for consent—
a: to grant an award that is described as a degree or the description of which includes the word bachelor, master, or doctor:
b: to grant an award that is described as a postgraduate qualification, for example, a postgraduate certificate or diploma.
2: NZQA may, in accordance with this section, grant or refuse its consent.
3: NZQA may not consent to the granting of an award of a kind referred to in subsection (1)
a: is taught mainly by people engaged in research; and
b: emphasises general principles and basic knowledge as the basis for self-directed work and learning.
4: NZQA may not withhold its consent to the use of any particular term or the granting of an award that, or whose name or description, includes any particular word, unless satisfied on reasonable grounds that it should do so. 1989 No 80 s 253B
454A: Withdrawal of consent to grant award
1: If NZQA considers that there may be grounds for withdrawing consent to grant an award from a person, NZQA must give written notice to the person—
a: setting out the grounds on which NZQA is considering withdrawing consent; and
b: giving the person a reasonable period to make submissions on the matter.
2: After that period, and having considered any submission made by the person, NZQA may, on any reasonable grounds, withdraw consent.
3: If NZQA withdraws consent under subsection (2), it must give notice of the withdrawal, with reasons, to the person concerned.
4: NZQA may withdraw consent at the written request of the person concerned. Section 454A inserted 1 August 2022 section 37 Education and Training Amendment Act 2022
455: NCEA may not be provided outside New Zealand
1: A person may not provide, or offer to provide, an NCEA qualification outside New Zealand.
2: Subsection (1)
a: domestic students outside New Zealand if they are studying through a distance school; or
b: students outside New Zealand if they are studying in a jurisdiction with which New Zealand has entered into an arrangement that authorises the teaching and assessment of NCEA standards in that jurisdiction. Use of certain terms in name or description of registered establishment or wānanga
456: Minister may consent to use of certain terms in name or description of registered establishment or wānanga
1: A registered establishment may apply to the Minister for consent to describe itself using the term university.
2: A wānanga may apply to the Minister for consent to describe itself using the term university.
3: Before deciding whether to grant consent under subsection (1) or (2)
a: take into account the characteristics of institutions as described in section 268(2)﻿(d)
b: receive advice about the application from NZQA and from TEC; and
c: be satisfied that consenting to the application is in the interests of the tertiary education system and the nation as a whole; and
d: consult the institutions, organisations representing institutions, and other relevant bodies that the Minister thinks fit; and
e: in the case of a wānanga, consult the persons or bodies who are knowledgeable in āhuatanga Māori (Māori tradition) and tikanga Māori (Māori custom) within a kaupapa Māori pedagogy that the Minister thinks fit.
4: The Minister may grant consent under subsection (1) or (2)
a: ensure that students, employers, and members of the public are adequately informed of the legal status or the characteristics of the registered establishment or wānanga to which the consent is granted; and
b: ensure adequate protection of the quality and reputation of the institutions that may use the term without applying to do so; and
c: protect the interests of the tertiary education system and the nation as a whole.
5: The Minister may carry out a review of a registered establishment or wānanga to assess whether it is continuing to comply with any conditions subject to which it was granted consent under subsection (1) or (2)
6: If, having regard to a review carried out under subsection (5) subsection (1) or (2)
a: withdraw the consent; or
b: suspend the consent for a specified period, at the expiry of which the Minister must either lift the suspension or withdraw the consent. 1989 No 80 s 253C Fees
457: Fees
1: NZQA may—
a: charge fees to any person or institution for any of the following:
i: programme approval:
ii: micro-credential
iii: accreditation:
iv: consent to assess against standards:
v: approval to list qualifications on the Qualifications and Credentials
vi: approval to list standards in the Directory of Assessment and Skill
vii: registration of a private training establishment:
viii: approval to be a standard-setting body:
ix: consent to award a degree:
x: consent for the use by a registered establishment of certain terms in its name:
xi: reporting credits for the purposes of rules made under section 452(1)﻿(r) and (s)
b: charge fees to any person or institution for any services provided by NZQA, including fees in relation to sitting an examination conducted by NZQA, to the making of any assessment by NZQA, or to the granting to any person of an award certifying that the person had passed the examination or been so assessed:
c: charge fees to any person or institution for any quality assurance activities undertaken by NZQA.
2: A fee may not be charged under subsection (1)﻿(b)
3: Fees set under this section are secondary legislation ( see Part 3 1989 No 80 s 254 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it on an Internet site maintained by, or on behalf of, NZQA •	make it available in printed form for purchase at a reasonable price on request by members of the public Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 457(1)﻿(a)﻿(ii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 457(1)﻿(a)﻿(v) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 457(1)﻿(a)﻿(vi) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 457(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Enforcement powers of NZQA
458: Power to obtain information
1: The chief executive or a person authorised by the chief executive may, subject to subsection (2)
a: by written notice to the Secretary, require the Secretary, within a reasonable period that is specified in the notice, to supply to NZQA the information or documents relating to institutions that are specified in the notice; and
b: by written notice to the chief executive of an institution or a workforce development council, require the chief executive, within a reasonable period that is specified in the notice, to supply to NZQA the information or documents relating to the institution or workforce development council that are specified in the notice.
2: The powers conferred by subsection (1) 1989 No 80 s 254A
459: Compliance notices
1: NZQA may issue a compliance notice to an institution requiring the institution to do, or refrain from doing, a particular thing in relation to—
a: the institution’s registration as a registered establishment; or
b: the institution’s programme approvals, micro-credential accreditations
c: any consent that the institution has to assess against standards; or
d: any quality assurance conditions on work-based training; or
e: any notice issued under section 458(1)﻿(b)
2: A compliance notice must be in writing and must state—
a: the date on which it is issued; and
b: a time on or before which, or a period within which, the institution must comply with the notice; and
c: the consequences or possible consequences of non-compliance with the notice.
3:
4: An institution that receives a compliance notice must comply with it within the time or period stated in the notice.
5: NZQA may, before the expiry of the time or period referred to in subsection (2)﻿(b)
6: If the institution does not comply with the compliance notice, NZQA may immediately,—
a: if the notice related to the registration of a registered establishment, cancel the registration, or impose new conditions, or amend or revoke any existing conditions, on the registration; or
b: if the notice related to a programme or micro-credential
c: if the notice related to an accreditation, withdraw the accreditation, or impose new conditions, or amend or revoke any existing conditions, on the accreditation; or
d: if the notice related to a consent to assess against standards, withdraw the consent, or impose new conditions, or amend or revoke any existing conditions, on the consent; or
e: if the notice related to any quality assurance conditions on work-based training, withdraw the programme or micro-credential
7: NZQA may not do any of the things specified in subsection (6)
a: 10 days from the date of issue of the notice:
b: the expiry of the time or period referred to in subsection (2)﻿(b)
8: If NZQA withdraws programme approval, it must also withdraw any consent to assess against standards or any accreditation in respect of the programme approval.
9: If NZQA withdraws any micro-credential or any accreditation micro-credential 1989 No 80 s 255 Section 459(1)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 459(3) repealed 1 August 2022 section 38 Education and Training Amendment Act 2022 Section 459(6)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 459(6)﻿(e) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 459(9) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Publication of conditions and notices by NZQA Heading inserted 1 August 2022 section 39 Education and Training Amendment Act 2022
459A: Publication of conditions and notices
NZQA may publish the following on an Internet site maintained by or on behalf of NZQA:
a: any condition (or summary of a condition) imposed by NZQA under any 1 of the following provisions:
i: section 348(2)
ii: section 440
iii: section 442
iv: section 446
v: section 446B
vi: section 450
b: any notice (or summary of a notice) issued by NZQA under any 1 of the following provisions:
i: section 371(1)
ii: section 372(1)
iii: section 459(1)
iv: section 535(1)
v: section 535C(1)
c: any notice (or summary of a notice) of a cancellation of the registration of a registered establishment under section 350
d: any notice (or summary of a notice) of a withdrawal made under any 1 of the following provisions of an accreditation, an approval, or a consent from an institution or a person:
i: section 438B(4)
ii: section 439
iii: section 444
iv: section 448
v: section 449
vi: section 454A
vii: section 524A Section 459A inserted 1 August 2022 section 39 Education and Training Amendment Act 2022 Miscellaneous provisions
460: Child care allowances
A member of NZQA may be paid any allowances in respect of child care that NZQA determines. 1989 No 80 s 256F
461: Taxation
1: NZQA is to be treated as the agent of the Crown in respect of its property and the performance of its functions and is entitled accordingly to all the privileges the Crown enjoys in respect of exemption from taxation and the payment of fees or charges, and from other obligations.
2: Subsection (1)
a: the payment of goods and services tax under the Goods and Services Tax Act 1985
b: any obligation imposed by that Act. 1989 No 80 s 256G
3: Education Review Office
462: Education services to which this subpart applies
1: This subpart applies to every education service (other than a service provided only to or for people over 16 years who are not enrolled at a State school)—
a: that is provided by an organisation that is—
i: owned or operated by the Crown; or
ii: forbidden by law to provide that service (or a service of that kind) unless it holds a licence, permit, or other authority issued by or on behalf of the Crown; or
b: whose provision is (wholly or partly)—
i: funded by money appropriated by Parliament; or
ii: regulated by or under statute.
2: Sections 466 to 469 section 35 sections 466 to 469 education service section 10(1) 1989 No 80 s 324
463: Chief Review Officer to perform certain functions
1: The Chief Review Officer must—
a: administer reviews, either general or relating to particular matters, of the performance of applicable organisations in relation to the applicable services they provide—
i: when directed by the Minister to do so; or
ii: on the Chief Review Officer’s own motion (despite section 52
b: administer the preparation of reports to the Minister on the undertaking and results of the reviews; and
c: give the Minister any other assistance and advice on the performance of the applicable organisations that the Minister requires.
2: The Chief Review Officer—
a: must administer reviews of professional learning and development services accessed by applicable organisations when directed by the Minister to do so; and
b: may, despite section 52
c: must administer the preparation of reports to the Minister on the undertaking and results of the reviews. 1989 No 80 s 325 Section 463(1)﻿(a)﻿(ii) amended 7 August 2020 section 135 Public Service Act 2020 Section 463(2) inserted 1 August 2022 section 40 Education and Training Amendment Act 2022
464: Information requests
1: In carrying out the functions specified in section 463 , or a provider of professional learning and development services,
2: In this section, applicable organisation Section 464(1) amended 1 August 2022 section 41 Education and Training Amendment Act 2022
465: Review officers
The Chief Review Officer—
a: may designate any suitably qualified person (whether or not an employee of the Chief Review Officer) a review officer; and
b: must ensure that every person for the time being so designated has a certificate to that effect, in a form approved by the Chief Review Officer. 1989 No 80 s 326 Provisions concerning students with enrolment exemption
466: Functions of Chief Review Officer
The Chief Review Officer—
a: may carry out reviews (which may be general or in relation to particular matters) of the education services provided to persons exempted from the requirements of section 35
b: must administer the preparation of reports to the Minister on the undertaking and results of the reviews; and
c: must give the Minister any other assistance and advice that the Minister requires on the education services provided to persons exempted from the requirements of section 35 1989 No 80 s 328A
467: Review officers
Review officers designated under section 465 section 466 sections 468 469 1989 No 80 s 328B
468: Powers of review officers for purposes of section 466
1: For the purposes of enabling any functions of the Chief Review Officer to be performed for the purposes of section 466
a: conduct inspections or inquiries:
b: require a parent or other person to produce, and permit the review officer to make copies or extracts of, documents or information relating to—
i: the education service the parent or other person provides; or
ii: people to whom the education service is (or has been) provided:
c: require a parent or other person to make or provide statements, in the form and manner that is reasonable in the circumstances, about any matters relating to provision of the education service provided by that parent or person:
d: inspect the work of any person to whom the education service concerned is (or has been) provided:
e: meet and talk with any person to whom the education service concerned is being provided.
2: Nothing in this section confers on a review officer the power to enter any dwelling house without the consent of the owner or occupier. 1989 No 80 s 328C
469: Review officers to prove identity before acting under section 468
A review officer who exercises any power under section 468 1989 No 80 s 328D Provisions concerning hostels
470: Functions of Chief Review Officer
The Chief Review Officer—
a: may carry out reviews (which may be general or in relation to particular matters) of the provision of a safe physical and emotional environment that supports learning for students accommodated in hostels, and must carry out those reviews when directed by the Minister to do so; and
b: must administer the preparation of reports to the Minister on the undertaking and results of the reviews; and
c: must give the Minister any other assistance and advice that the Minister requires on the provision of a safe physical and emotional environment that supports learning for students accommodated at hostels. 1989 No 80 s 328E
471: Review officers
Review officers designated under section 465 section 470 sections 472 473 1989 No 80 s 328F
472: Powers of review officers for purposes of section 470
1: For the purposes of enabling any functions of the Chief Review Officer to be performed under section 470
a: conduct inspections or inquiries:
b: require any person to produce documents or information relating to—
i: the provision of a safe physical and emotional environment that supports learning for the students accommodated in the hostel; or
ii: the students accommodated in the hostel:
c: make copies or extracts of any documents and information referred to in paragraph (b)
d: require any person to make or provide statements, in any form and manner that is reasonable in the circumstances, about any matters relating to the provision of a safe physical and emotional environment that supports learning for the students accommodated in the hostel:
e: meet and talk to any person who is accommodated at the hostel.
2: Nothing in this section confers on a review officer the power to enter any room or sleeping area of a student accommodated at the hostel unless—
a: the review officer believes on reasonable grounds that entry or inspection is necessary for the purpose of review; and
b: the review officer produces the review officer’s certificate of designation to the student; and
c: the student is present during the inspection.
3: This section does not limit any other powers of a review officer under this Act. 1989 No 80 s 328G
473: Review officers to prove identity before acting under section 472
A review officer who exercises any power under section 472 1989 No 80 s 328H
4: Teaching Council
474: Continuation of Teaching Council
1: The Teaching Council of Aotearoa New Zealand is continued.
2: The Teaching Council is a body corporate with perpetual succession and is capable of—
a: holding real and personal property; and
b: suing and being sued; and
c: otherwise doing and suffering all that bodies corporate may lawfully do and suffer.
3: Schedule 19 1989 No 80 s 379
475: Composition of Teaching Council
1: The Teaching Council comprises 13 members as follows:
a: 6 members appointed by the Minister in accordance with section 476
b: 7 elected members, being—
i: 1 teacher representing the early childhood education sector, elected by teachers from that sector; and
ii: 1 teacher representing the primary education sector, elected by teachers from that sector; and
iii: 1 teacher representing the secondary education sector, elected by teachers from that sector; and
iv: 1 teacher educator, elected by registered teachers working in the fields of initial and ongoing teacher education; and
v: 1 principal representing the primary education sector, elected by principals from that sector; and
vi: 1 principal representing the secondary education sector, elected by principals from that sector; and
vii: 1 early childhood education service leader, representing leadership in the early childhood education sector, elected by leaders from that sector.
2: Each of the elected members must be a registered teacher holding a current practising certificate, except the teacher educator, who need not hold a current practising certificate but must—
a: be a registered teacher; and
b: have 5 or more years of experience in the field of initial teacher education or ongoing teacher education, or both; and
c: be currently working in one of those fields.
3: The Minister—
a: must appoint one of the members appointed or elected under this section as chairperson; and
b: may appoint one of the members appointed or elected under this section as a deputy chairperson.
4: The elected members of the Teaching Council must be nominated and elected in accordance with rules made under section 486
5: However,—
a: elections must be held at least 4 months before members take office; and
b: the Teaching Council must provide confirmation of the election results to the Minister at least 3 months before members take office.
6: The electors specified in subsection (1)﻿(b)﻿(i), (ii), (iii), (v), and (vi)
a: registered teachers with current practising certificates; or
b: currently authorised persons.
7: The electors specified in subsection (1)﻿(b)﻿(vii) 1989 No 80 s 380
476: Ministerial appointment as member
1: The members of the Teaching Council appointed by the Minister must be persons nominated after notification of the Teaching Council vacancy in the Gazette subsection (3)
2: A Gazette subsections (3) and (4)
3: At least 1 of the appointed members must be appointed after the Minister consults, as the Minister thinks fit, representatives of parent and community interest groups in relation to schools and early childhood services.
4: When considering whether to appoint a member of the Teaching Council, the Minister must—
a: take into account each candidate’s ability to carry out the duties of a member of the Teaching Council and represent the public interest; and
b: have regard to the collective skills, experience, and knowledge of members of the Teaching Council, including (without limitation) the candidate’s knowledge and experience in any of the following areas:
i: education:
ii: governance:
iii: leadership experience and skills:
iv: financial skills:
v: understanding of the partnership principles of Te Tiriti o Waitangi 1989 No 80 Schedule 21
477: Disqualification from office
1: The following persons are disqualified from being members:
a: a person who is an undischarged bankrupt:
b: a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under any enactment other than this Act:
c: a person who is subject to a property order under the Protection of Personal and Property Rights Act 1988:
d: a person in respect of whom a personal order has been made under that Act that reflects adversely on the person’s—
i: competence to manage their own affairs in relation to their property; or
ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of their personal care and welfare:
e: a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless the person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person:
f: a member of Parliament:
g: an elected member of the Teaching Council—
i: who ceases to be registered as a teacher; or
ii: who ceases to hold a current practising certificate; or
iii: whose registration as a teacher is suspended; or
iv: whose practising certificate is suspended.
2: Subsection (1)﻿(g)﻿(ii) and (iv) 1989 No 80 Schedule 21
478: Purpose of Teaching Council
The purpose of the Teaching Council is to ensure safe and high-quality leadership, teaching, and learning for children and young people in early childhood, primary, and , and settings of other languages, 1989 No 80 s 377 Section 478 amended 1 August 2022 section 42(1) Education and Training Amendment Act 2022 Section 478 amended 1 August 2022 section 42(2) Education and Training Amendment Act 2022
479: Functions and powers
1: The functions that the Teaching Council must perform are as follows
a: to provide direction for teachers:
b: to enhance the status of teachers:
c: to identify and disseminate best practice in teaching and foster the teaching profession’s continued development in light of research and evidence of changes in society and technology:
d: to carry out the functions under Schedule 3
e: to establish and maintain any criteria for teacher registration under Schedule 3
f: to review, at any time, the criteria for teacher registration established under paragraph (e)
i: vary, delete, or replace 1 or more of the criteria; or
ii: add 1 or more criteria; or
iii: delete all of the criteria and substitute new criteria:
g: to establish and maintain standards for qualifications that lead to teacher registration:
h: to review, at any time, the standards for qualifications established under paragraph (g)
i: vary, delete, or replace 1 or more of the standards; or
ii: add 1 or more standards; or
iii: delete all of the standards and substitute new standards:
i: to conduct, in conjunction with quality assurance agencies, approvals of teacher education programmes:
j: to establish and maintain—
i: standards for ongoing practice; and
ii: criteria for the issue of practising certificates of different kinds:
k: to establish and maintain a code of conduct for teachers under section 485
l: to monitor and enforce the requirements relating to mandatory reporting in this subpart and Schedule 3
m: to perform the disciplinary functions in this subpart relating to teacher misconduct and reports of teacher convictions:
n: to set the criteria for reporting serious misconduct and for reporting on competence issues:
o: to perform the functions in this subpart relating to teacher competence:
p: to co-ordinate a system providing for the vetting by the Police of all teachers:
pa: to prosecute, as the Teaching Council considers appropriate, breaches of the requirements of this Act relating to teacher registration, practising certificates, and limited authorities to teach:
q: to perform any other functions conferred on it by this Act or any other enactment.
2: The functions that the Teaching Council may perform, with the written approval of the Minister, are as follows:
a: to provide leadership to the education profession:
b: to enhance the status of education leaders:
c: to identify and disseminate best practice in education leadership.
3: The Teaching Council may, by written notice to a governing body, require the governing body to give the Teaching Council, within a time specified in the notice, any information specified in the notice, and the governing body must within that time give the Teaching Council in writing all information so required that is reasonably necessary or desirable for the Teaching Council to have for the proper administration of this subpart.
4: The Teaching Council has and may exercise all other powers conferred by this Act or reasonably necessary for the purpose of performing its functions.
5: For the purposes of subsection (3), governing body
6: When performing its functions and exercising its powers, the Teaching Council must act in accordance with the rules of natural justice. 1989 No 80 ss 382 383(6)–(8) Section 479 heading amended 20 November 2021 section 4(1) Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021 Section 479(1) amended 20 November 2021 section 4(2) Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021 Section 479(1)﻿(a) replaced 20 November 2021 section 4(3) Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021 Section 479(1)﻿(b) replaced 20 November 2021 section 4(3) Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021 Section 479(1)﻿(c) replaced 20 November 2021 section 4(3) Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021 Section 479(1)﻿(pa) inserted 1 August 2022 section 43 Education and Training Amendment Act 2022 Section 479(2) replaced 20 November 2021 section 4(4) Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021 Section 479(3) inserted 20 November 2021 section 4(4) Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021 Section 479(4) inserted 20 November 2021 section 4(4) Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021 Section 479(5) inserted 20 November 2021 section 4(4) Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021 Section 479(6) inserted 20 November 2021 section 4(4) Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021 Section 479 compare note replaced 20 November 2021 section 4(5) Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021
480: Teaching Council fees, levies, and costs
1: The Teaching Council may, by notice,—
a: fix fees payable for—
i: registration as a teacher:
ii: the issuing of a practising certificate:
iii: the granting of a limited authority to teach:
iv: any other matter associated with those matters (for example, inspection of the register of registered teachers or supplying a copy of an entry in the register):
b: impose a levy payable by registered teachers, holders of a limited authority to teach, and applicants for registration as a teacher or a limited authority to teach for the purpose of funding the Teaching Council’s functions set out in section 479(1)
2: A notice under subsection (1) may fix different fees or provide for different amounts of levy payable—
a: by registered teachers, holders of a limited authority to teach, and applicants for registration as a teacher or a limited authority to teach; and
b: for registration effected in different circumstances; and
c: for practising certificates of different kinds.
3: Fees fixed and levies imposed under subsection (1) are payable in the manner (for example, by instalments) prescribed in the notice and are recoverable as a debt due to the Teaching Council.
4: Before issuing a notice under subsection (1), the Teaching Council must—
a: consult registered teachers and holders of a limited authority to teach on any proposed fees or levies; and
b: receive the views presented to it with an open mind and give those views due consideration when making a decision on the proposed fees or levies.
5: The Teaching Council may also charge a fee for any goods or services it provides in accordance with its functions under section 479(1)
6: Fees fixed and levies imposed under subsection (1) and any fees charged under subsection (5) must recover only the actual and reasonable costs incurred by the Teaching Council in performing its functions set out in section 479(1)
7: Despite anything in this Act, the Teaching Council may refuse to register a person as a teacher, issue a practising certificate, or grant a limited authority to teach until the appropriate fee or levy has been paid in the manner prescribed by the notice.
8: If the Teaching Council cancels a teacher’s registration or limited authority to teach, it may, by written notice to the teacher or person concerned, require the teacher or person to pay the Teaching Council any reasonable costs specified in the notice that were incurred by the Teaching Council in dealing with the proposal to cancel the registration or authorisation, or with the cancellation itself.
9: A notice made under this section is secondary legislation ( see Part 3 1989 No 80 ss 364 372 383(1), (2), (5) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 480 replaced 20 November 2021 section 5 Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021
481: Ministerial powers
1: For the purpose of ascertaining whether the Teaching Council is complying, or has complied, with this subpart and Schedule 3
2: The Minister may, by written notice to the Teaching Council, require the Teaching Council to provide to the Minister any financial, statistical, or other information, including information relating to the performance of the functions of the Teaching Council or any of its committees. 1989 No 80 s 384
482: Issue of statement of Government policy relating to Teaching Council’s functions
1: The Minister may, at any time, issue a statement of Government policy relating to 1 or more of the Teaching Council’s functions specified in section 479(1)
2: Before issuing a statement of Government policy, the Minister must consult the Teaching Council.
3: Every statement of Government policy must be—
a: given in writing to the Teaching Council; and
b: published in the Gazette
c: presented to the House of Representatives.
4: A statement of Government policy comes into effect on the date specified in the Gazette
5: When performing its functions, the Teaching Council must have regard to any relevant statement of Government policy.
6: A statement of Government policy may be amended, revoked, or replaced in the same way as it is given.
7: 1989 No 80 s 382A Section 482(7) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
483: Reports
1: At least every 3 years, following consultation with teachers, the Government, and the public, the Teaching Council must publish on an Internet site maintained by or on behalf of the Teaching Council a report setting out its strategic direction for the next 5 years.
2: The Teaching Council must present to the House of Representatives an annual report on its operations, including (without limitation) the audited financial statements of the Teaching Council. 1989 No 80 s 385
484: Advisory committees
The Teaching Council may establish advisory committees for specific aspects of its operation or for particular issues as it sees fit. 1989 No 80 s 386
485: Code of conduct
1: The Teaching Council must establish and maintain a code of conduct for teachers.
2: When preparing the code of conduct (and any amendments to it), the Teaching Council—
a: must take all reasonable steps—
i: to consult those who are to be bound by it; and
ii: to consult the Public Service
b: must have regard to any relevant minimum standards of integrity and conduct or code of conduct that the Public Service Commissioner sets or issues under section 17
3: The chairperson of the Teaching Council must sign the code of conduct.
4: The code of conduct, or an amendment to the code of conduct, is secondary legislation ( see Part 3
5: The Teaching Council must take all reasonable steps to ensure that those bound by the code of conduct are aware of its existence and where it is available.
6: The code of conduct prepared under this section is binding on all teachers who hold a practising certificate and on all authorised persons. 1989 No 80 s 387 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make copies of it available free of charge •	comply with subsection (5) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 485(2)﻿(a)﻿(ii) amended 7 August 2020 section 135 Public Service Act 2020 Section 485(2)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 485(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 485(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 485(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
486: Teaching Council to make rules
1: The Teaching Council must make rules providing for—
a: the conduct of elections for electing members to the Teaching Council, including the election process; and
b: a Complaints Assessment Committee to—
i: investigate complaints of misconduct about, and reports of convictions of, teachers; and
ii: carry out any other function, and exercise any power, given under this Act or delegated to it by the Teaching Council; and
c: a Disciplinary Tribunal to conduct hearings , and review decisions of the Complaints Assessment Committee,
d: a Competence Authority to consider reports and complaints about teacher competence and to exercise the powers given under this Act; and
e: the practices and procedures of the disciplinary bodies and the Competence Authority; and
f: the procedures of the Teaching Council for dealing with reports received under the mandatory reporting provisions in sections 489 to 493
g: the procedures relating to Police vetting, and in particular the rights of persons who are vetted; and
h: the requirements that teachers must meet to satisfy the refresh process referred to in clause 10
2: The Teaching Council may make rules for any other purpose relating to the performance of its functions.
3: When preparing rules (and any amendments to them), the Teaching Council must take all reasonable steps to consult those affected by the rules.
4: Rules under this section are secondary legislation ( see Part 3
5: The Teaching Council must take all reasonable steps to ensure that those bound by the rules are aware of their existence and where they are available. 1989 No 80 s 388 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 486(1)﻿(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 486(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 486(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
487: Delegations
1: The Teaching Council may delegate any of its powers (other than this power of delegation), either generally or specifically, as it sees fit.
2: Despite subsection (1)
a: to appoint a chief executive:
b: to make rules:
c: relating to voluntary deregistration:
d: relating to cancellation of registration, practising certificates, or limited authorities to teach:
e: to establish and maintain a code of conduct for teachers under section 485 1989 No 80 s 389
488: Chief executive and employees
1: The Teaching Council may appoint a chief executive and any other employees it thinks necessary for the efficient performance of its functions.
2: A person appointed under subsection (1) 1989 No 80 s 390 Mandatory reporting
489: Mandatory reporting of dismissals and resignations
1: When an employer dismisses a teacher for any reason, the employer must immediately report the dismissal to the Teaching Council.
2: If, within the 12 months before the resignation of a teacher from a teaching position (including a fixed-term position) or the expiry of the term of a teacher’s fixed-term position, the teacher’s employer had advised the teacher that it was dissatisfied with, or intended to investigate, any aspect of the teacher’s conduct, or the teacher’s competence, the employer must, immediately after the resignation or expiry, report it to the Teaching Council.
3: A report must be in writing and must include,—
a: for a dismissal, the reason for the dismissal; and
b: for a resignation or an expiry,—
i: a description of the conduct or competence issues that the employer was concerned about; and
ii: a report of what action (if any) the employer took with respect to the issues. 1989 No 80 s 392
490: Mandatory reporting of complaints received about former employees
1: The former employer of a teacher must immediately report to the Teaching Council if, within 12 months after a teacher ceases to be employed by the employer, the employer receives a complaint about the teacher’s conduct or competence while the teacher was an employee.
2: A report must be in writing and must include,—
a: for an oral complaint, a description of the aspects of the teacher’s conduct or competence complained of; and
b: for a written complaint, a copy of the complaint; and
c: a report of what action (if any) the employer took with respect to the matters complained of. 1989 No 80 s 393
491: Mandatory reporting of possible serious misconduct
1: The employer of a teacher must immediately report to the Teaching Council if it has reason to believe that the teacher has engaged in serious misconduct.
2: A report must be in writing and include—
a: a description of the conduct of the teacher that the employer believes to be serious misconduct; and
b: a description of what action (if any) the employer has taken in relation to it. 1989 No 80 s 394
492: Mandatory reporting of failure to reach required level of competence
1: The employer of a teacher must immediately report to the Teaching Council if the employer, despite undertaking competency procedures with the teacher, is satisfied that the teacher has not reached the required level of competence.
2: A report must be in writing and include—
a: a description of the competence issues leading to the report; and
b: a description of the action that the employer has taken in relation to it. 1989 No 80 s 395
493: Mandatory reporting of convictions
1: Every holder of a practising certificate, and every authorised person, who is convicted of an offence punishable by imprisonment for 3 months or more must, within 7 days of conviction, report the conviction to the Teaching Council.
2: Failure to report a conviction to the Teaching Council in accordance with subsection (1)
3: The Registrar of every court must, unless the court expressly orders otherwise, report to the Teaching Council when a person whom the Registrar believes to be, or to have been, a teacher is convicted of an offence punishable by imprisonment for 3 months or more.
4: If the Registrar has reported a conviction to the Teaching Council under subsection (3) 1989 No 80 s 397 Disciplinary functions
494: Disciplinary bodies
1: The constitution of the disciplinary bodies must be set out in the rules, and those rules must be consistent with this section.
2: Both disciplinary bodies may operate in panels, and more than 1 panel of each body may operate at any one time.
3: The Disciplinary Tribunal must include at least 1 person who is selected from a list, prepared by the Minister after consultation with the Teaching Council, of people who are not teachers, employers, or members of an employing body.
4: The majority of members on the Disciplinary Tribunal, and on every panel of the Disciplinary Tribunal, must be registered teachers.
5: No member of the Complaints Assessment Committee may be a member of the Disciplinary Tribunal.
6: Rules must provide for the replacement of any member of a disciplinary body who, in relation to a particular complaint,—
a: made the complaint; or
b: is otherwise in a position of conflict of interest.
7: When performing their functions and exercising their powers, the disciplinary bodies must act in accordance with the rules of natural justice. 1989 No 80 s 398
495: Complaints about conduct
1: A person who wishes to make a complaint about the conduct of a teacher, including complaints about possible breaches of the code of conduct prepared by the Teaching Council under section 485 subsection (2)
2: Any person (including a parent, an employer, or a member of the Teaching Council) may make a written complaint to the Teaching Council about the conduct of a teacher—
a: if the complaint is about a teacher who is not currently employed by an employer; or
b: if the complainant considers, on reasonable grounds, that the employer is unable to deal with the complaint effectively because of an actual or a perceived conflict of interest; or
c: if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or
d: in any other exceptional circumstance.
3: A complaint by an employer or a former employer must include a report of any action that the employer or former employer has taken in relation to it. 1989 No 80 s 399
496: Complaints and reports relating to teacher conduct
1: The Teaching Council may refer to the Complaints Assessment Committee—
a: any report it receives under any of sections 489 to 491 493
b: any complaint it receives under section 495
2: The Teaching Council may refer to the Complaints Assessment Committee any matters that relate to teacher conduct of its own motion as it sees fit.
3: In relation to a complaint received under section 495
a: if the Complaints Assessment Committee considers that the complaint should have been sent first to the teacher’s employer or former employer, the Complaints Assessment Committee must refer the matter to the employer or former employer; and
b: if the teacher is currently employed by an employer and it has not already referred the matter to the employer under paragraph (a)
4: An employer to whom a complaint is referred under subsection (3) 1989 No 80 s 400
497: Powers of Complaints Assessment Committee
1: The Complaints Assessment Committee may investigate any report, complaint, or matter referred to it under section 496
2: Following an investigation, the Complaints Assessment Committee may do 1 or more of the following:
a: resolve to take the matter no further:
b: refer the teacher concerned to a competency review:
c: refer the teacher concerned to an impairment process, which may involve either or both of the following:
i: assessment of an impairment:
ii: assistance with an impairment.
3: If the Complaints Assessment Committee makes a finding of misconduct that is not serious misconduct, by agreement with the teacher and the person who made the complaint or report or referred the matter, it may do 1 or more of the following:
a: censure the teacher:
b: impose conditions on the teacher’s practising certificate or authority, including (without limitation) requiring the teacher to undergo supervision or professional development:
c: suspend the teacher’s practising certificate or authority for a specified period, or until specified conditions are met:
d: annotate the register or the list of authorised persons in a specified manner:
e: direct the Teaching Council to impose conditions on any subsequent practising certificate issued to the teacher.
4: The Complaints Assessment Committee may, at any time, refer a matter to the Disciplinary Tribunal for a hearing.
5: The Complaints Assessment Committee must refer to the Disciplinary Tribunal any matter that the Committee considers may possibly constitute serious misconduct.
6: When a matter is referred to the Disciplinary Tribunal under subsection (5)
7: Any person authorised by the Complaints Assessment Committee may require an employer, a former employer, or a government agency to provide information that the person considers necessary for the purposes of an investigation. 1989 No 80 s 401
498: Interim suspension until matter about or involving possible serious misconduct concluded
1: At any time between when the Complaints Assessment Committee receives a complaint or receives or becomes aware of a report that is about or involves a teacher’s possible serious misconduct and when the matter is concluded (as defined in section 499(6)
2: On an application under subsection (1) 1989 No 80 s 402
499: Duration of interim suspension
1: The duration of an interim suspension under section 498
a: the expiry of a period specified by the chairperson of the Disciplinary Tribunal at the time the interim suspension commences:
b: the expiry of a period specified by the chairperson of the Disciplinary Tribunal after the interim suspension commences:
c: any conditions specified by the chairperson of the Disciplinary Tribunal are met:
d: the interim suspension is otherwise lifted or revoked, for example, as the result of a review under subsection (2)
2: The chairperson of the Disciplinary Tribunal must review the initial interim suspension decision if the teacher—
a: requests a review during the initial interim period of suspension; and
b: provides a written explanation or statement in support of the request.
3: The Disciplinary Tribunal may renew an interim suspension under section 498
a: the matter has not been concluded; and
b: the interim suspension has not been otherwise lifted or revoked, for example, as the result of an appeal against it under subsection (4)
4: A teacher whose practising certificate or authority is subject to an interim suspension under section 498 subsection (3)
5: A hearing under subsection (4) sections 501 to 504
6: For the purposes of this section and section 498(1) clauses 8(4) 21(4) concluded
a: the Complaints Assessment Committee has carried out whatever action it decides to take under section 497(2)
b: the Disciplinary Tribunal has carried out whatever action it decides to take under section 500(1) section 497(4) or (5) 1989 No 80 s 403
500: Powers of Disciplinary Tribunal
1: Following a hearing of a charge of serious misconduct, or a hearing into any matter referred to it by the Complaints Assessment Committee, the Disciplinary Tribunal may do 1 or more of the following:
a: any of the things that the Complaints Assessment Committee could have done under section 497(2)
b: censure the teacher:
c: impose conditions on the teacher’s practising certificate or authority for a specified period:
d: suspend the teacher’s practising certificate or authority for a specified period, or until specified conditions are met:
e: annotate the register or the list of authorised persons in a specified manner:
f: impose a fine on the teacher not exceeding $3,000:
g: order that the teacher’s registration or authority or practising certificate be cancelled:
h: require any party to the hearing to pay costs to any other party:
i: require any party to pay a sum to the Teaching Council in respect of the costs of conducting the hearing:
j: direct the Teaching Council to impose conditions on any subsequent practising certificate issued to the teacher.
2: Despite subsection (1) section 493 subsection (1)﻿(f), (h), or (i)
3: A fine imposed on a teacher under subsection (1)﻿(f) subsection (1)﻿(i) 1989 No 80 s 404
501: Evidence at Disciplinary Tribunal hearings
1: The Disciplinary Tribunal may—
a: receive evidence on oath (and for that purpose an officer or employee of the Teaching Council may administer an oath); and
b: permit a person appearing as a witness before it to give evidence by written statement and verify that statement by oath.
2: A hearing before the Disciplinary Tribunal is a judicial proceeding for the purposes of section 109 of the Crimes Act 1961 (which relates to punishment for perjury).
3: Except as provided in subsections (4) to (6)
4: If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including, without limitation, the privacy of the complainant (if any)) and to the public interest, it may hold a hearing or part of a hearing in private.
5: The Disciplinary Tribunal may, in any case, deliberate in private about its decision or about any question arising in the course of a hearing.
6: If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including, without limitation, the privacy of the complainant (if any)) and to the public interest, it may make any 1 or more of the following orders:
a: an order prohibiting the publication of any report or account of any part of any proceedings before it, whether held in public or in private:
b: an order prohibiting the publication of the whole or any part of any books, papers, or documents produced at any hearing:
c: an order prohibiting the publication of the name, or any particulars of the case, of the person charged or any other person. 1989 No 80 s 405
502: Powers of Disciplinary Tribunal in relation to witnesses
1: The Disciplinary Tribunal may require a person to do either or both of the following:
a: attend and give evidence at a hearing of the Disciplinary Tribunal:
b: produce any documents, records, or other information in the person’s custody or control that relate to the subject matter of the hearing, whether specified by the Disciplinary Tribunal or not.
2: A requirement under subsection (1)
3: A person required to attend a hearing is entitled to be paid, by the party calling the person (or, if called by the Disciplinary Tribunal itself, by the Teaching Council), witnesses' fees, allowances, and travelling expenses prescribed by regulations made under the Criminal Procedure Act 2011 1989 No 80 s 406
503: Privileges and immunities
1: A person who does any of the following has the same privileges as witnesses in court:
a: provides documents, things, or information to a disciplinary body:
b: produces documents or things to a disciplinary body:
c: gives evidence to, or answers questions from, a disciplinary body.
2: A counsel appearing before a disciplinary body has the same privileges and immunities as counsel in a court.
3: If a person is represented at a hearing before a disciplinary body by a person other than a barrister or solicitor,—
a: any communications between the person and the representative in relation to the hearing are as privileged as they would have been if the representative had been a barrister or solicitor; and
b: the representative is treated as counsel for the purposes of subsection (2) 1989 No 80 s 408
504: Appeals against decisions of
chairperson or Disciplinary Tribunal
1: The teacher who is the subject of a decision by the chairperson or the Disciplinary Tribunal made under section 498(2) 500
2: The Complaints Assessment Committee may, with the leave of the Teaching Council, appeal to the District Court against a decision of the chairperson or the Disciplinary Tribunal made under section 498(2) 500
3: An appeal under this section must be made within 28 days after receipt of written notice of the decision, or any longer period that the court allows.
4: Clause 5(2) to (6) clause 5(1) 1989 No 80 s 409 Section 504 heading amended 1 August 2022 section 46 Education and Training Amendment Act 2022 Review of competence
505: Competence Authority
1: The constitution of the Competence Authority must be set out in rules made under section 486
2: The Competence Authority may operate in panels, and more than 1 panel may operate at any one time.
3: The Competence Authority must include at least 1 person who is selected from a list, prepared by the Minister after consultation with the Teaching Council, of people who are not teachers, employers, or members of an employing body.
4: The majority of members on the Competence Authority, and on every panel of the Competence Authority, must hold practising certificates.
5: No member of the Competence Authority may be a member of the Complaints Assessment Committee or the Disciplinary Tribunal.
6: The rules must provide for the replacement of any member of the Competence Authority who, in relation to a particular complaint,—
a: made the complaint; or
b: is otherwise in a position of conflict of interest.
7: The rules must also provide for the Competence Authority to co-opt up to 2 members onto the Competence Authority for their specialist knowledge and expertise in relation to a particular complaint.
8: Members co-opted onto the Competence Authority may be in addition to any limit on the number of members set in the rules.
9: When performing its functions and exercising its powers, the Competence Authority must act in accordance with the rules of natural justice. 1989 No 80 s 410AA
506: Complaints about competence
1: A person who wishes to make a complaint about a teacher’s competence must first make the complaint to the teacher’s employer, unless one of the circumstances in subsection (2)﻿(a) to (d)
2: Any person (including a parent, an employer, or a member of the Teaching Council) may make a written complaint to the Teaching Council about the competence of a teacher—
a: if the complaint is about a teacher who is not currently employed by an employer; or
b: if the complainant considers, on reasonable grounds, that the employer is not able to deal with the complaint effectively because of an actual or a perceived conflict of interest; or
c: if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or
d: in any other exceptional circumstance.
3: The Teaching Council may investigate any matters that relate to teacher competence of its own motion as it sees fit.
4: The Teaching Council may, after any investigation it decides to make, refer to the Competence Authority a complaint or other matter that relates to competence for a decision as to whether the required level of competence has been attained.
5: A complaint under this section by an employer or a former employer must include a description of the competence issues leading to the complaint and the actions (if any) that the employer or former employer has undertaken in relation to them.
6: If the Teaching Council considers that a complaint should first have been sent to the teacher’s employer, it must refer it to the employer, and, in any other case, it must notify the employer (if the teacher is currently employed by an employer) that—
a: it has received a complaint about the teacher’s competence; or
b: it is investigating the teacher’s competence of its own motion.
7: When the Teaching Council refers a complaint to an employer, the employer must report as required by the Teaching Council.
8: If the Teaching Council is satisfied that the employer has not responded, or has not been able to respond, to the complaint in a satisfactory way, the Teaching Council may investigate the complaint.
9: When a complaint about competence is made by a member of the Teaching Council, that member may not be involved in any investigation of the complaint. 1989 No 80 s 410
507: Investigation by Teaching Council of mandatory reports relating to competence and referral to Competence Authority for decision
1: The Teaching Council may, after any investigation it decides to make, refer to the Competence Authority a report it receives under section 489 490 492
2: When investigating a report that relates to competence under section 489 490 492
3: When a report that relates to competence is made under section 489 490 492 1989 No 80 s 411
508: Powers of Competence Authority after finding required level of competence not attained
Following any investigation by the Teaching Council under section 506 section 507
a: do any 1 or more of the following:
i: impose conditions on the teacher’s practising certificate or authority:
ii: refer the teacher to an impairment process, which may involve either or both of the following:
A: assessment of an impairment:
B: assistance with an impairment:
iii: annotate the register or the list of authorised persons in a specified manner, in relation to any action taken under subparagraph (i)
iv: direct the Teaching Council to impose conditions on any subsequent practising certificate or authority issued to the teacher; or
b: order the Teaching Council to cancel the teacher’s registration, practising certificate, or authority. 1989 No 80 s 412
509: Appeals against decisions of Competence Authority
1: A teacher who is the subject of a decision by the Competence Authority made under section 508
2: An appeal must be made within 28 days after receipt of written notice of the decision, or any longer period that the court allows.
3: Clause 5(2) to (6) clause 5(1) 1989 No 80 s 412A
5: Education New Zealand
510: Education New Zealand continued
1: The body called Education New Zealand in existence before the commencement of this subpart
2: Education New Zealand is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 1989 No 80 s 269 Section 510(1) amended 16 December 2021 section 14 Education and Training Amendment Act 2021
511: Functions
1: The functions of Education New Zealand are—
a: to deliver strategies, programmes, and activities for promoting, together with providers and other government agencies, New Zealand education overseas; and
b: to promote New Zealand as an educational destination for international students; and
c: to promote the provision of New Zealand education and training services overseas; and
d: to manage, in collaboration with other government agencies, activities undertaken by representatives appointed to act on behalf of the New Zealand Government in relation to international education; and
e: to carry out research on international education markets and marketing strategies; and
f: to administer any international programmes or activities that are consistent with the Government’s policy on international education; and
g: to provide information, advice, and assistance to providers on strategies to promote industry co-ordination and professional development; and
h: to provide information to international students about living and studying in New Zealand; and
i: to work with other agencies to ensure that international students are adequately supported while living and studying in New Zealand; and
j: to foster collaborative networks with former international students; and
k: to perform any other function directed by the Minister under subsection (3)
2: In performing its functions under this Act or any other enactment, Education New Zealand must give effect to the Government’s policy on international education.
3: The Minister may direct Education New Zealand to perform any function that the Minister considers consistent with the Government’s policy on international education.
4: In this section, provider 1989 No 80 s 270
512: Membership of board of Education New Zealand
1: The board of Education New Zealand consists of at least 5 members and no more than 7 members appointed by the Minister under section 28
2: Before appointing any member to the board, the Minister must consult—
a: the bodies that represent the organisations involved in the provision of international education; and
b: any organisations or people that, in the Minister's opinion, have a substantial interest in the board's operations. 1989 No 80 s 272
513: Special advisers to board
1: The Minister may appoint as special advisers to the board—
a: the Secretary; and
b: the chief executive of the department responsible for the administration of the Immigration Act 2009
c: any other person as the Minister determines.
2: The function of a special adviser is to assist the board to align its strategies and activities with Government policy.
3: A special adviser may attend any meeting of the board or any board committees but may not vote.
4: The board (including any board committee) must give the special advisers sufficient notice of its meetings and copies of all documents and materials to be considered at each meeting.
5: A special adviser may delegate to any person the functions and powers conferred by this section, and the delegate may perform or exercise those functions and powers in the same manner and with the same effect as if they had been conferred directly by this section.
6: Every person purporting to act under a delegation under subsection (5) 1989 No 80 s 272A
514: International education advisory committee
1: The Minister may establish an international education advisory committee to provide expert advice to the board on matters relating to the performance of its functions.
2: The board must consider any advice it receives from the committee.
3: The members of the committee must be appointed by the Minister, on terms and conditions that the Minister determines, by written notice to each member.
4: When appointing members of the committee, the Minister must ensure, as far as practicable, that—
a: the committee's membership is broadly representative of the international education industry; and
b: the members collectively have sufficient experience and knowledge of the international education industry to give appropriate advice to the board.
5: The Minister may give terms of reference on the topics or subject areas on which the committee may advise the board.
6: The committee must comply with any terms of reference given by the Minister.
7: The committee may determine its own procedure. 1989 No 80 s 272B
515: Chief executive
1: The board—
a: must appoint a chief executive of Education New Zealand; and
b: must act independently when appointing the chief executive; and
c: may not delegate its duty under paragraph (a)
2: The chief executive may not be a member of the board. 1989 No 80 s 273
516: Responsibilities of chief executive
The chief executive is responsible for—
a: the effective and efficient management and administration of Education New Zealand; and
b: the achievement of outcomes identified in the statement of intent of Education New Zealand. 1989 No 80 s 273A
517: Application of Part 2 of Commerce Act 1986
1: For the purposes of section 43
2: Part 2 subsection (1) 1989 No 80 s 274
6: International students
518: Purpose of subpart 6
The purpose of this subpart is to ensure that international students trust New Zealand education and consider it appropriate, which is to be achieved by—
a: providing for the health, safety, and welfare of international students studying in New Zealand; and
b: regulating enrolment, the payment of fees, and the repayment of fees; and
c: providing for levies on institutions enrolling international students to offset the contribution of the State to the costs of educating international students. International students at schools
519: Enrolment of international students
1: Subject to section 520(3)
2: Subject to sections 79 521 subsections (3) to (6)
3: If an international student’s conduct is in breach of the student’s contract of enrolment, the school’s board may take appropriate disciplinary action against the student.
4: For the purposes of subsection (3) appropriate disciplinary action section 534
5: An international student may not be enrolled at a State school if the student's enrolment has the effect that a domestic student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.
6: An international student may not be enrolled in any subject, course, or programme at a State school if the student's enrolment has the effect that a domestic student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.
7: Despite subsection (5) or (6)
a: that the board established for international students; and
b: the continued availability of which is dependent on the fees payable by international students enrolled in it.
8: As soon as practicable after an international student is enrolled at a State school, the principal must give the Secretary written notice of—
a: the student's name, age, and nationality; and
b: the day on which the student began (or will begin) to receive tuition at the school.
9: Despite anything in this section or section 521
a: without the consent of the school’s board; and
b: without paying the amount required by section 521
10: If subsection (9) 1989 No 80 s 4
520: Certain international students may enrol at State schools as of right
1: The Minister may, by notice
2: A notice may be unconditional or subject to any conditions specified in it.
3: An international student of a kind or description for the time being specified in a notice under subsection (1) section 521
4: A notice under this section is secondary legislation ( see Part 3 1989 No 80 s 4A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 520(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 520(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
521: Fees for international students
1: Subject to section 519(9)
a: the board's best estimate of the cost involved (including the appropriate proportion of the board’s administrative and other general costs) in providing tuition in the subject, course, or programme for 1 student:
b: an amount that is in the board's opinion an appropriate reflection of the use made of the board's capital facilities by 1 student receiving tuition in the subject, course, or programme:
c: the amount (if any) prescribed under section 523
d: all other fees (if any) prescribed by the board.
2: Nothing in subsection (1) section 525(2)
a: the board's best estimate of the cost involved (including the appropriate proportion of the board's administrative and other general costs and the appropriate proportion of any initial or start-up costs of the subject, course, or programme) in providing tuition in the subject, course, or programme for 1 student up to that time:
b: an amount that is in the board's opinion an appropriate reflection of the use made of the board's capital facilities by 1 student receiving tuition in the subject, course, or programme:
c: the appropriate proportion of the amount (if any) prescribed under section 523
d: all other fees (if any) prescribed by the board.
3: If an international student has received tuition in a subject, course, or programme at a State school without paying the full amount required by subsection (1)
4: A board’s grant under section 550
5: A grant may not be reduced under subsection (4)
6: If the board disagrees that a grant should be reduced under subsection (4)
a: the board may, within 28 days of getting notice from the Secretary under subsection (5)
b: if, within 14 days of getting the board's notice, the Secretary has agreed an arbitrator with the board, the agreed arbitrator must settle the dispute:
c: if, within 14 days of getting the board's notice, the Secretary has not agreed an arbitrator with the board, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the board must settle the dispute:
d: the arbitrator's decision is final.
7: If an international student withdraws from a subject, course, or programme at a State school, the school’s board may refund to the person who paid (in respect of the student's enrolment in the subject, course, or programme) the amount of the fees referred to in subsection (1)
a: the board's best estimate of the cost involved (including the appropriate proportion of the board's administrative and other general costs and the appropriate proportion of any initial or start-up costs of the subject, course, or programme) in providing tuition in the subject, course, or programme for 1 student up to that time:
b: an amount that is in the board's opinion an appropriate reflection of the use made of the board's capital facilities by 1 student receiving tuition in the subject, course, or programme:
c: the appropriate proportion of the amount (if any) prescribed under section 523
d: all other fees (if any) prescribed by the board. 1989 No 80 s 4B
522: Exemption from paying fees
1: The Minister may, by notice section 521
2: A notice under this section is secondary legislation ( see Part 3 1989 No 80 s 4C The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 522(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 522(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
523: Board must reimburse the Crown for expenditure relating to international students
1: The Minister must, by notice
2: Fees may be set for 1 or more of the following:
a: all State schools, State schools of a specified kind or description, or specified State schools:
b: all international students, or international students of a specified kind or description:
c: all subjects, courses, and programmes; subjects, courses, and programmes of a specified kind or description; or specified subjects, courses, or programmes.
3: Within 28 days of the first day in any year on which an international student enrolled at a State school attends the school, the board must pay to the Secretary the appropriate fee (if any) prescribed under subsection (1)
4: The Minister may pay to the proprietors of a State integrated school whose board has paid a fee under this section a portion of that fee, as determined in accordance with a formula prescribed under subsection (5)
5: The Minister may, by notice subsection (4)
6: The following are secondary legislation ( see Part 3
a: a notice under subsection (1):
b: a notice under subsection (5), unless it applies only to 1 or more named schools.
7: If a notice under subsection (5) is not secondary legislation, the Minister must give the notice to the proprietor or proprietors of the school or schools named in the notice. 1989 No 80 s 4D The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 523(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 523(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 523(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 523(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
524: Courses for international students
1: The board of a State school or the managers of a school registered under section 214
2: NZQA may not approve a class, course, or programme under subsection (1)
a: the school has or will have adequate staff, equipment, and premises to provide it; and
b: the standard of instruction provided in it will not be lower than the standard that would be expected in any similar class, course, or programme for domestic students. 1989 No 80 s 4E
524A: Withdrawal of approval of course for international students
1: If NZQA considers that there may be grounds for withdrawing approval of a class, course, or programme intended exclusively or mainly for international students, NZQA must give written notice to the board of the State school or the managers of the school registered under section 214
a: setting out the grounds on which NZQA is considering withdrawing approval; and
b: giving the board or the managers a reasonable period to make submissions on the matter.
2: After that period, and having considered any submission made by the board or the managers, NZQA may, on any reasonable grounds, withdraw approval.
3: If NZQA withdraws approval under subsection (2), it must give notice of the withdrawal, with reasons, to the board or the managers concerned.
4: NZQA may withdraw an approval at the written request of the board or the managers concerned. Section 524A inserted 1 August 2022 section 47 Education and Training Amendment Act 2022 International students at tertiary education and vocational education and training institutions
525: Enrolment of international students
1: An institution’s council may not permit the enrolment of an international student at the institution for all or part of a programme unless—
a: the programme is approved by NZQA and the institution is accredited to provide the programme; or
b: the programme is exempted under section 528
2: An institution’s council may not permit the enrolment of an international student at the institution for a micro-credential unless—
a: the micro-credential is approved by NZQA and the institution is accredited to provide the micro-credential; or
b: the micro-credential is exempted under section 528
3: An international student—
a: may not be enrolled at an institution if the student's enrolment there has the effect that a domestic student who is eligible to enrol there and has applied for enrolment is not able to be enrolled:
b: may not be enrolled in any programme or micro-credential or micro-credential
4: Despite subsection (3) or micro-credential
a: that the institution’s council established for international students; and
b: whose continued availability is dependent on the fees payable by international students enrolled in it. 1989 No 80 s 224(7)–(11) Section 525(2) replaced 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 525(3)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 525(4) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
526: Fees for international students
1: An institution’s council must take all reasonable steps to ensure that no person is enrolled at the institution until it has established whether the person is a domestic student or an international student.
2: An international student may not be enrolled or continue to be enrolled in any programme of study or training at an institution unless there have been paid to the council in respect of the student—
a: an amount fixed by the council that is not less than the council's best estimate of—
i: the cost involved (including the institution's marginal administrative and other general costs, and the appropriate portion of any initial or start-up costs of the programme) of providing tuition in the programme for 1 student, in the case of a programme in which no domestic student is enrolled:
ii: the marginal cost involved (including the institution's marginal administrative and other general costs, and any marginal initial or start-up costs of the programme) of providing tuition in the programme for 1 student in addition to the domestic students receiving tuition in the programme, in every other case; and
b: an amount fixed by the council that is not less than an amount that in the council's opinion is an appropriate reflection of the use by 1 student receiving tuition in the programme of the capital facilities (if any) whose provision at the institution is necessary owing only to the institution's provision of tuition to international students in addition to domestic students; and
c: all other fees (if any) prescribed by the council.
3: Despite subsection (2)
a: any amounts by which the council has decided to subsidise the student in respect of the programme; and
b: the appropriate proportion of any amounts by which the council has decided to subsidise the student in respect of programmes of a kind or description that include the programme; and
c: the appropriate proportion of any amounts by which the council has decided to subsidise students of a kind or description that include the student in respect of the programme; and
d: the appropriate proportion of any amounts by which the council has decided to subsidise students of a kind or description that include the student in respect of programmes of a kind or description that include the programme,— out of the general revenue of the council (not being funds provided under sections 425 428
4: Subsection (2)
5: If an international student has received tuition in a programme of study or training at an institution without paying the full amounts required by subsection (2)﻿(a) or (b)
6: In any year, the amount of any grant for an institution may be reduced from what it would otherwise have been by any amount by which (in the Secretary's opinion), because the full amount required by subsection (2)﻿(a)
7: A grant may not be reduced under subsection (6)
8: If an institution’s council disagrees that a grant should be reduced under subsection (6)
a: the council may, within 28 days of getting notice from the Secretary under subsection (7)
b: if, within 14 days of getting the council's notice, the Secretary has agreed an arbitrator with the council, the agreed arbitrator must settle the dispute:
c: if, within 14 days of getting the council's notice, the Secretary has not agreed an arbitrator with the council, an arbitrator appointed jointly by the Secretary and by the arbitrator originally proposed by the council must settle the dispute:
d: the arbitrator's decision is final.
9: An institution’s council must,—
a: when an international student enrols, or resumes attendance, at the institution, give to the Secretary written notice (to the best of the council's knowledge) of the student's name, nationality, and programme of study or training:
b: when an international student ceases to be enrolled at, or ceases to attend, the institution, notify the Secretary in writing:
c: comply with all accounting requirements relating to international students enrolled at institutions contained in any notice published by the Minister in the Gazette
10: An institution’s council must take all reasonable steps to ensure that when a student enrols at the institution (whether for the first time or for a subsequent time) the student is given written notice of the circumstances (if any) in which the student is or may be entitled to a refund of all or any part of fees under this section paid or to be paid to the council.
11: The power of a council to refund to a student all or any part of any fees paid to it under this section is not limited or affected by—
a: any failure to comply with subsection (10)
b: the fact that the circumstances fall outside those notified under that subsection; or
c: the fact that the refund is larger than a notice under that subsection provides for. 1989 No 80 s 228
527: Requirements that private training establishments must comply with before enrolling international students
1: A private training establishment may not enrol an international student in all or part of a programme at the establishment unless—
a: the establishment is registered under section 346 section 534
b: either—
i: the programme is an approved programme and the establishment is accredited to provide the entire programme; or
ii: the programme is of less than 3 months' duration and is exempted under section 528
c: if standards from the Directory of Assessment and Skill
2: A private training establishment may not enrol an international student in a micro-credential
a: the establishment is a registered establishment and is a signatory to the applicable code issued under section 534
b: either—
i: the micro-credential is an approved micro-credential and the establishment is accredited to provide the micro-credential; or
ii: the micro-credential section 528
c: if standards from the Directory of Assessment and Skill
3: For the purposes of this section and section 528 micro-credential less than 3 months’ duration micro-credential 1989 No 80 s 232A Section 527(1)﻿(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 527(2) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 527(2)﻿(b)﻿(i) replaced 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 527(2)﻿(b)﻿(ii) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 527(2)﻿(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 527(3) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
528: Exemptions
1: NZQA may
a: exempt programmes for the purposes of section 525(1)﻿(b) 527(1)﻿(b)﻿(ii)
b: exempt micro-credentials section 527(2)﻿(b)﻿(ii)
2: An exemption subsection (1)
a: may exempt only programmes or micro-credentials
b: may identify programmes or micro-credentials micro-credentials
c: may identify programmes or micro-credentials
d: may be in respect of programmes or micro-credentials
3: An exemption under this section is secondary legislation ( see Part 3 1989 No 80 s 232B The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 528(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 528(1)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 528(1)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 528(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 528(2)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 528(2)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 528(2)﻿(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 528(2)﻿(d) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 528(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
529: Refund entitlements of international students
1: A private training establishment must—
a: allow every international student enrolled for a programme or micro-credential
b: refund to every international student who so withdraws, without deduction, at least so much of any payment, or of the sum of any payments, made by the student to the establishment in respect of that programme or micro-credential or micro-credential section 530
c: allow every international student enrolled for a programme or micro-credential
d: refund to every international student who so withdraws a minimum amount or proportion, specified by NZQA, of any payments made by the student to the establishment in respect of the programme or micro-credential
2: For the purposes of subsection (1)﻿(c) micro-credential or micro-credential micro-credential
3: When the refund period, in relation to any fees paid by or on behalf of an international student, has expired,—
a: the fees paid must continue to be held in trust with the independent trustee and the private training establishment must be paid from the trust in the manner prescribed in the rules made under section 452
b: the private training establishment may, if NZQA approves, make alternative arrangements in relation to the fees paid.
3A: An instrument containing a specification by NZQA under subsection (1)﻿(c) or (d) is secondary legislation ( see Part 3
4: In this section, refund period section 530 1989 No 80 s 235A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 529(1)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 529(1)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 529(1)﻿(c) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 529(1)﻿(d) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 529(2) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 529(3A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
530: Refund requirements set by
Minister
1: For the purposes of refunds under section 529
a: either—
i: the end of the period within which an international student may withdraw from a programme or micro-credential
ii: a means by which the end of that period may be calculated or ascertained; and
b: the maximum percentage of the payment or payments that an establishment may retain; and
c: the cost components of the fee total on which the maximum percentage is determined; and
d: the expenses or categories of expenses that the establishment must show that it has incurred in relation to an international student in order to deduct the maximum percentage.
2: Before giving notice, the Minister must, as the Minister considers appropriate, consult any 1 or more of the following:
a: private training establishments:
b: sector and industry representative organisations:
c: any other relevant bodies.
3: A notice under this section is secondary legislation ( see Part 3 1989 No 80 s 235B The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 530 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 530(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 530(1)﻿(a)﻿(i) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 530(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
531: Private training establishment to notify immigration officer if student withdraws from programme or
micro-credential
1: A private training establishment must ensure that, within 7 days of the withdrawal of any student from a programme or micro-credential section 4 micro-credential
2: Subsection (1) 1989 No 80 s 235E Section 531 heading amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 531(1) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
7: Well-being and safety Heading amended 1 August 2022 section 48 Education and Training Amendment Act 2022 Signatory providers Heading inserted 1 August 2022 section 49 Education and Training Amendment Act 2022
531A: Approval and removal of signatory providers
1: Before a provider can become a signatory provider of a code, the provider must apply to the relevant code administrator for approval, in exercise of the code administrator’s power under section 535A(3)﻿(a)
2: The relevant code administrator may withdraw approval of a signatory provider at the written request of the provider concerned.
3: If approval is withdrawn under subsection (2), a provider ceases to be a signatory to the code and is no longer a signatory provider. Section 531A inserted 1 August 2022 section 49 Education and Training Amendment Act 2022 Enrolment of international students
532: Signatory providers may enrol persons as international students
1: A provider may enrol a person as an international student or continue to have an international student enrolled, as long as the provider is a signatory provider.
2: A provider may not enrol a person as an international student or continue to have an international student enrolled, or provide educational instruction for the person, if the provider—
a: is not a signatory provider; or
aa: has its approval to be a signatory provider withdrawn under section 531A(2)
b: is removed as a signatory provider under section 535(2)
c: ceases to be a signatory provider for any other reason provided in the code.
3: A signatory provider that is subject to a sanction under section 535(1) 1989 No 80 s 238E Section 532(2)﻿(aa) inserted 1 August 2022 section 50 Education and Training Amendment Act 2022
533: Providers must enrol persons as international students in certain circumstances
A provider must enrol a person as an international student if the person is not a domestic student and the provider—
a: provides the person with educational instruction for more than 2 weeks; or
b: accepts tuition fees from the person. 1989 No 80 s 238F Well-being and safety Heading amended 1 August 2022 section 51 Education and Training Amendment Act 2022
534: Well-being and safety
1: The Minister may issue—
a: 1 or more codes that provide well-being and safety
b: 1 or more codes that provide well-being and safety
c: 1 or more codes that provide well-being and safety
1A: The Minister must specify whether a code applies to—
a: any provider that provides educational instruction to the students in respect of whom the code is issued; or
b: a particular type of provider or group of providers (for example, schools, Kura Kaupapa Māori, or Māori providers).
2: The purpose of a code,—
a: in respect of domestic tertiary students, is to support the Government’s objectives for the education of domestic tertiary students by—
i: requiring providers to take all reasonable steps to maintain the well-being and safety
ii: ensuring, so far as is possible, that domestic tertiary students have a positive experience that supports their educational achievement:
b: in respect of international students, is to support the Government’s objectives for international education by—
i: requiring providers to take all reasonable steps to maintain the well-being and safety of
ii: ensuring, so far as is possible, that international students have
3: The scope of a code,—
a: in respect of domestic tertiary students, is to prescribe, alongside other quality assurance prescribed by this Act,—
i: outcomes sought from providers for their domestic tertiary students; and
ii: key processes required of providers to support the well-being and safety
b: in respect of international students, is to prescribe, alongside other quality assurance prescribed by this Act,—
i: outcomes sought from providers for their international students; and
ii: key processes required of providers to support the well-being and safety
4: Without limiting subsections (1) to (3)
a: despite anything in the Public Finance Act 1989
b: providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
5: Before issuing a code, the Minister must consult—
a: those parties that the Minister considers likely to be affected by the code, including representatives of students, parents, providers, signatory providers, and the staff of providers and signatory providers; and
aa: Māori; and
b: the Privacy Commissioner.
6: A code—
a: in respect of domestic tertiary students is binding on all providers:
b: in respect of international students is binding on all signatory providers.
7: A code—
a: may make different provision for students under the age of 18 years and students aged 18 years or over:
b: that applies in respect of students undertaking study or training with a provider applies whether the students undertake the study or training in New Zealand or in another country.
b:
c:
8: A code must be made and administered in accordance with regulations made under section 648
9: A code under this section is secondary legislation ( see Part 3 1989 No 80 s 238G The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it on an Internet site maintained by, or on behalf of, the Ministry LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 534 heading amended 1 August 2022 section 52(1) Education and Training Amendment Act 2022 Section 534(1)﻿(a) amended 1 August 2022 section 52(2) Education and Training Amendment Act 2022 Section 534(1)﻿(a) amended 1 August 2022 section 52(3) Education and Training Amendment Act 2022 Section 534(1)﻿(b) amended 1 August 2022 section 52(2) Education and Training Amendment Act 2022 Section 534(1)﻿(b) amended 1 August 2022 section 52(3) Education and Training Amendment Act 2022 Section 534(1)﻿(c) amended 1 August 2022 section 52(2) Education and Training Amendment Act 2022 Section 534(1)﻿(c) amended 1 August 2022 section 52(3) Education and Training Amendment Act 2022 Section 534(1A) inserted 1 August 2022 section 52(4) Education and Training Amendment Act 2022 Section 534(2)﻿(a)﻿(i) amended 1 August 2022 section 52(5) Education and Training Amendment Act 2022 Section 534(2)﻿(b)﻿(i) amended 1 August 2022 section 52(6) Education and Training Amendment Act 2022 Section 534(2)﻿(b)﻿(ii) amended 1 August 2022 section 52(7) Education and Training Amendment Act 2022 Section 534(3)﻿(a)﻿(ii) amended 1 August 2022 section 52(5) Education and Training Amendment Act 2022 Section 534(3)﻿(b)﻿(ii) amended 1 August 2022 section 52(5) Education and Training Amendment Act 2022 Section 534(5)﻿(aa) inserted 1 August 2022 section 52(8) Education and Training Amendment Act 2022 Section 534(7)﻿(a) amended 1 August 2022 section 52(9) Education and Training Amendment Act 2022 Section 534(7)﻿(b) inserted 1 August 2022 section 52(10) Education and Training Amendment Act 2022 Section 534(7)﻿(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 534(7)﻿(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 534(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
534A: Code for particular providers to be mandatory or optional
1: A code that applies to a particular type of provider or group of providers under section 534(1A)﻿(b)
2: If a code is mandatory, a provider to which the code applies must comply with that code and is not required to comply with any other code.
3: If a code is optional, a provider to which the code applies may elect to comply with that code in place of compliance with any other code and,—
a: if an election is made, the provider must comply with the code and is not required to comply with any other code; and
b: if an election is not made, the provider is not required to comply with the code.
4: An election under subsection (3) to comply with a code must be made in accordance with the mechanism set out in the code for this purpose. Section 534A inserted 1 August 2022 section 53 Education and Training Amendment Act 2022
534B: Minister may make minor or technical changes to code or grant exemptions
1: The Minister may—
a: make minor or technical amendments to a code; and
b: exempt specified providers, or types or groups of providers, from compliance with specified requirements of a code that applies to that provider, or type or group of providers, under section 534(1A)﻿(b)
2: To avoid doubt, the Minister is not required to consult the parties set out in section 534(5)
3: If the Minister amends a code under subsection (1)﻿(a), the code administrator must make reasonable efforts to notify representatives of students, parents, providers, signatory providers, and the staff of providers and signatory providers of the amendment. Section 534B inserted 1 August 2022 section 53 Education and Training Amendment Act 2022
535: Sanctions for breach of code
1: If satisfied that a provider or signatory provider has breached the relevant code or failed to comply with a performance improvement notice issued under section 535C
a: in the case of signatory providers, impose new, or amend or revoke any existing, conditions on the signatory provider’s approval as a signatory provider:
b: in the case of providers and signatory providers, impose limitations on the provider’s or the signatory provider’s power to enrol students.
2: If satisfied that a signatory provider has not complied with a sanction imposed under subsection (1) section 535C 1989 No 80 s 238L Section 535(1) amended 1 August 2022 section 54(1) Education and Training Amendment Act 2022 Section 535(2) amended 1 August 2022 section 54(2) Education and Training Amendment Act 2022 Code administrators Heading inserted 1 August 2022 section 55 Education and Training Amendment Act 2022
535A: Appointment and functions of code administrators
1: The Minister may, by notice, appoint a person or an agency to be responsible for—
a: administering—
i: a code for domestic tertiary students:
ii: a code for international students:
iii: a code for domestic tertiary students and international students; and
b: administering 2 or more codes.
2: When appointing a code administrator, the Minister must have regard to the knowledge, skills, or experience of the person or agency.
3: The functions of the code administrator are,—
a: in the case of international students,—
i: to receive applications from providers seeking to become signatory providers; and
ii: to assess those applications against—
A: the criteria stated in a code; and
B: the purpose stated in section 534(2)
iii: to approve or decline to approve applicants becoming signatory providers in accordance with those assessments; and
b: in the case of domestic tertiary students and international students,—
i: to monitor the extent to which providers comply with a code in close collaboration with quality assurance agencies; and
ii: to issue to providers and signatory providers notices under section 535C
iii: to impose on providers and signatory providers sanctions under section 535
iv: to undertake periodic reviews of how providers and signatory providers generally are giving effect to a code, or a part or parts of a code, in order to assess the extent to which the purposes of the code are being met.
4: The Minister may set performance standards and priorities for code administrators, which code administrators must have regard to in the performance of their duties and functions.
5: A code administrator may allow an applicant to become a signatory provider unconditionally, or subject to any written conditions made known to the applicant at the time the code administrator informs the applicant that the applicant is allowed to become a signatory provider.
6: A code administrator may, with the Minister’s prior written approval and subject to any conditions that the code administrator or the Minister thinks fit, delegate any or all of the functions, duties, and powers specified in this section to another person or agency (having regard to their knowledge, skills, or experience).
7: A notice made under subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it on an Internet site maintained by, or on behalf of, the Ministry LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. 1989 No 80 s 238H(1)–(4), (9) Section 535A inserted 1 August 2022 section 55 Education and Training Amendment Act 2022
535B: Further obligations of code administrator
A code administrator must—
a: exercise and perform all of its functions, powers, and duties in a manner that honours Te Tiriti o Waitangi and supports Māori-Crown relationships; and
b: report annually to the Minister on the exercise and performance of its functions, powers, and duties, including the extent to which providers and signatory providers are giving effect to their obligations under the codes, and publish the report on an Internet site maintained by or on behalf of the code administrator; and
c: provide information to the Minister, at the request and in the form specified by the Minister, relating to—
i: the performance of its duties and functions; and
ii: the performance of providers and signatory providers in meeting the requirements of a code. Section 535B inserted 1 August 2022 section 55 Education and Training Amendment Act 2022
535C: Power to issue performance improvement notices
1: A code administrator may issue a performance improvement notice to a provider or signatory provider that requires the provider or signatory provider to do, or refrain from doing, a particular thing in relation to—
a: its obligations under a code; or
b: in the case of a signatory provider, the conditions of its approval as a signatory provider.
2: The notice must—
a: set out any concerns the administrator has about the provider’s or signatory provider’s systems, practices, training, or procedures; and
b: identify—
i: any areas for improvement in relation to any of the specified outcomes in a code; and
ii: any areas for compliance in relation to key process requirements in a code; and
c: specify the time within which the provider or signatory provider is expected to address the code administrator’s concerns (which must be a reasonable time, having regard to the nature and complexity of the action required); and
d: specify the possible consequences of a failure to comply with a performance improvement notice.
3: The code administrator may publish the notice, or a summary of it, in a manner designed to give public notice of it.
4: The code administrator may, before the expiry of the time referred to in subsection (2)﻿(c), extend the time, and in that case the time as extended becomes the time within or during which the notice must be complied with. 1989 No 80 s 238I Section 535C inserted 1 August 2022 section 55 Education and Training Amendment Act 2022
535D: Providers and signatory providers to comply with performance improvement notices
1: A provider or signatory provider must comply with a performance improvement notice issued under section 535C
2: If, in a code administrator’s opinion, a provider or signatory provider does not comply with the notice, the code administrator may (as the code administrator sees fit) impose sanctions against the provider or signatory provider under section 535
3: The code administrator may not act under subsection (2) until the later of the following:
a: 10 working days after the date on which the notice was issued:
b: the expiry of any time of a kind referred to in section 535C(2)﻿(c) section 535C(4) 1989 No 80 s 238K Section 535D inserted 1 August 2022 section 55 Education and Training Amendment Act 2022 Dispute resolution
536: Student contract dispute resolution scheme established
1: This section establishes a student contract dispute resolution scheme (the DRS
2: The purpose of the DRS is to resolve disputes between students (and former and prospective students) and providers or signatory providers relating to the following matters:
a: contractual and financial matters:
b: a claim for redress for any loss or harm suffered by a student as a result of a breach by a provider or signatory provider of a code issued under section 534
3: Every provider or signatory provider that enrols, intends to enrol, or has enrolled students is subject to and must (in relation to a dispute described in subsection (2)﻿(a) or (b) section 539
4: The Minister—
a: may, by notice in the Gazette organisations
b: must take reasonable steps to ensure that there is at all times a person or an organisation
c: may impose any conditions on the appointment that the Minister thinks fit.
5: A student claimant may lodge with a DRS operator a dispute described in subsection (2)﻿(a) or (b)
a: the provider or signatory provider has been given an opportunity to resolve the dispute, but the student claimant is not satisfied with the process or outcome, or both; or
b: the provider or signatory provider—
i: has not tried to resolve the dispute; or
ii: has refused to try to do so.
5A: In addition, a student claimant may lodge with a DRS operator for resolution under the DRS a dispute with a provider or signatory provider described in subsection (2)﻿(b) only if the code administrator is satisfied that the provider or signatory provider has breached the applicable code.
6: However, a student may not lodge a dispute for resolution under subsection (5)
7: The resolution of a dispute is binding on all parties to the dispute if—
a: it is the outcome of an adjudication of the dispute by or on behalf of a DRS operator
b: it is produced by consensual methods undertaken by or on behalf of a DRS operator, and the parties to the dispute have agreed that it is to be binding.
8: A DRS operator
a: may charge fees to a student claimant or the provider concerned, or both, according to the rules of the DRS prescribed under section 539
b: (despite those rules) may in its absolute discretion partially or completely exempt any person, or class of persons, from the payment of fees. 1989 No 80 s 238M Section 536(2) replaced 1 August 2022 section 56(1) Education and Training Amendment Act 2022 Section 536(3) amended 1 August 2022 section 56(2) Education and Training Amendment Act 2022 Section 536(4)﻿(a) amended 1 August 2022 section 56(3) Education and Training Amendment Act 2022 Section 536(4)﻿(b) amended 1 August 2022 section 56(4) Education and Training Amendment Act 2022 Section 536(5) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 536(5) amended 1 August 2022 section 56(2) Education and Training Amendment Act 2022 Section 536(5A) inserted 1 August 2022 section 56(5) Education and Training Amendment Act 2022 Section 536(7)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 536(7)﻿(b) replaced 1 August 2022 section 56(6) Education and Training Amendment Act 2022 Section 536(8) amended 1 August 2022 section 73 Education and Training Amendment Act 2022
536A: How DRS operator must perform role
1: A DRS operator must perform and exercise its functions, powers, and duties in a manner that contributes to an education system that honours Te Tiriti o Waitangi and supports Māori-Crown relationships by—
a: resolving disputes in a way that—
i: has regard to tikanga Māori; and
ii: is consistent with the principles of Te Tiriti o Waitangi; and
b: responding to the concerns and interests of Māori in the administration and operation of the scheme.
2: A DRS operator must perform and exercise its functions, duties, and powers—
a: in a manner that is fair and reasonable in the relevant circumstances; and
b: having regard to—
i: the general law; and
ii: best practice for dispute resolution; and
iii: in the case of a particular dispute, the provisions of a code issued under section 534
3: In the adjudication of any dispute, a DRS operator, or a person appointed as an adjudicator, must determine the dispute according to the substantial merits of the case and—
a: is not bound by the rules of evidence or by previous decisions; and
b: is not required to give effect to strict legal obligations, or to legal forms or technicalities. Section 536A inserted 1 August 2022 section 57 Education and Training Amendment Act 2022
536B: Obligation of DRS operator to provide information
1: If a specified body reasonably considers that it is necessary for the efficient and effective performance and exercise of any of the body’s functions, duties, and powers that a DRS operator provide certain information to the specified body, the specified body may request that the DRS operator provide the information.
2: A DRS operator must—
a: comply with a request under subsection (1) within a reasonable time; and
b: in relation to matters arising from the information requested, provide any other reasonable assistance to the specified body.
3: In this section, a specified body
a: the Ministry:
b: a quality assurance agency (for example, NZQA, the Education Review Office, or the Vice-Chancellors Committee) or other body responsible for monitoring or enforcement of education quality:
c: a code administrator or other body responsible for the well-being and safety of students. Section 536B inserted 1 August 2022 section 57 Education and Training Amendment Act 2022
536C: Sharing of information relating to disputes
1: A DRS operator, a code administrator, and a quality assurance agency may provide any information about a dispute or the resolution of a dispute to each other if the sharing of information relates to a purpose set out in subsection (2).
2: A DRS operator, code administrator, or quality assurance agency may provide information under subsection (1) for 1 or more of the following purposes:
a: to enable the DRS operator, code administrator, or quality assurance agency to perform any of their duties and responsibilities in relation to the dispute or to matters or concerns to which the dispute relates:
b: to ensure the timely and expedient resolution of the dispute:
c: to avoid the unnecessary use or duplication of resources in the resolution of a dispute. Section 536C inserted 1 August 2022 section 57 Education and Training Amendment Act 2022
536D: Sharing of personal information restricted
1: No personal information may be supplied under section 536B 536C
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1
c: principles 11 and 12 set out in section 22
2: In this section, personal information section 7(1) Section 536D inserted 1 August 2022 section 57 Education and Training Amendment Act 2022
537: Cap on amount to be paid
In resolving any dispute, a DRS operator
a: may not require a provider or signatory provider to pay to a student claimant in relation to any particular claim any amount exceeding $200,000; but
b: may charge the provider fees in addition to any amount required to be paid. 1989 No 80 s 238N Section 537 amended 1 August 2022 section 73 Education and Training Amendment Act 2022
537A: Time frame for payment for resolution of claim
1: Within 20 working days of the date of a resolution of a dispute under section 536(7)
2: However, if, before the expiration of the 20 working days, the provider or signatory provider has applied to the District Court under section 538(1)﻿(c) Section 537A inserted 1 August 2022 section 58 Education and Training Amendment Act 2022
538: District Court to enforce DRS
1: The District Court may,—
a: on the application of a student claimant or a DRS operator section 536(7)
b: on the application of the provider or signatory provider or a DRS operator section 536(7)
c: on the application of a student claimant, provider, or signatory provider, make an order—
i: modifying the terms of an adjudicated resolution of a dispute by a DRS operator if the District Court is satisfied that the terms are manifestly unreasonable; and
ii: requiring the student claimant, provider, or signatory provider to give effect to the modified resolution.
2: If an order (or part of an order) requiring the provider or signatory provider to comply with the resolution or modified resolution
3:
4: An order made under subsection (1)﻿(c) overrides section 536(7) 1989 No 80 s 238O Section 538(1)﻿(a) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 538(1)﻿(b) amended 1 August 2022 section 73 Education and Training Amendment Act 2022 Section 538(1)﻿(c) inserted 1 August 2022 section 59(1) Education and Training Amendment Act 2022 Section 538(2) amended 1 August 2022 section 59(2) Education and Training Amendment Act 2022 Section 583(3) repealed 1 August 2022 section 59(3) Education and Training Amendment Act 2022 Section 538(4) replaced 1 August 2022 section 59(4) Education and Training Amendment Act 2022
539: Rules of student contract dispute resolution scheme
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make rules for the functioning and administration of the DRS.
2: Before recommending that an order be made, the Minister must consult any relevant bodies and sector representatives that the Minister thinks fit.
3: The rules may prescribe fees, or a means by which fees can be calculated or ascertained.
4: Rules under this section are secondary legislation ( see Part 3 1989 No 80 s 238P The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 539(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Export education levy
540: How export education levy may be applied
1: Funds arising from an export education levy imposed in accordance with regulations made under section 641
a: the development, promotion, and quality assurance of the export education sector, which may include (without limitation)—
i: professional and institutional development; and
ii: marketing; and
iii: implementation of scholarship schemes; and
iv: research, and resource development; and
v: support (financial or otherwise) of other bodies engaged in the development, promotion, or quality assurance of the export education sector:
b: the making of payments as set out in subsections (2) and (3)
c: the administration and audit of the code in respect of international students:
d: the funding of the cost of the operation of the DRS established by section 536
e: the general administration of the levy and associated purposes.
2: Subsection (3)
a: an international student is or was enrolled at a private training establishment or a private school for a course of study or training; and
b: at the time of the international student's enrolment, the private training establishment held a current registration under section 346 section 214
c: the private training establishment or private school has not provided, cannot provide, or is not to provide, in whole or in part, the course of study or training.
3: If this subsection applies, the levy funds may be used for any of the following purposes:
a: to make payment to any person to ensure the reimbursement of the student, in whole or in part, for tuition fees or for any payment other than tuition fees made by or on behalf of that student to the private training establishment or private school in respect of the student's course of study or training if, and to the extent that,—
i: the private training establishment or private school has not refunded the tuition fees or other payment; and
ii: the agency responsible for the administration of the levy approves the reimbursement of the student as necessary and appropriate in the circumstances:
b: with the approval of the Minister, to reimburse the Crown for any sum provided by the Crown and paid to any person to ensure the reimbursement of the student, in whole or in part, for tuition fees or for any other payment made by or on behalf of that student to the private training establishment or private school in respect of the student's course of study or training if, and to the extent that,—
i: the private training establishment or private school had not refunded the tuition fees or other payment; and
ii: the agency responsible for the administration of the levy approved the reimbursement of the student as necessary and appropriate in the circumstances:
c: with the approval of the Minister, to reimburse, in whole or in part, the agency responsible for the administration of the levy, or any Crown entity, for—
i: costs incurred by that agency or Crown entity in placing the student with an alternative provider; or
ii: other costs incurred by that agency or Crown entity as a direct result of the private training establishment or private school not providing the course of study or training.
4: Levy funds must be kept in a separate bank account that is used only for the purposes of the levy.
5: As soon as practicable after 1 July in each year, the agency responsible for the administration of the levy must present to the Minister an annual report on the administration of the levy, which must include audited financial statements prepared in accordance with generally accepted accounting practice, and the Minister must present a copy of the report to the House of Representatives.
6: The amount of levy payable by a provider under regulations made under this section is a debt due to the Crown and may be recovered in any court of competent jurisdiction. 1989 No 80 s 238R Employees of student accommodation Heading inserted 1 August 2022 section 60 Education and Training Amendment Act 2022
540A: Good character assessment of employees of student accommodation
1: This section applies in respect of student accommodation operated by a provider or signatory provider.
2: The provider or signatory provider must not employ a person to work in the student accommodation without ensuring that the person is of good character.
3: In assessing whether a person is of good character, the provider or signatory provider must—
a: obtain a Police vet of the person; and
b: take into account the matters specified in regulations made under section 648(a)
4: The provider or signatory provider must make a further assessment of good character of every person—
a: of whom an assessment of good character has already been made under this section by that provider or signatory provider; and
b: who is still employed to work at the student accommodation.
5: The further assessment of good character under subsection (4) must be made within 3 years of the previous assessment of that person by the provider or signatory provider.
6: This section does not apply in respect of a person if the provider or signatory provider is required under Part 3 Section 540A inserted 1 August 2022 section 60 Education and Training Amendment Act 2022
8: Offences
541: Offence relating to providing or offering to provide NCEA outside New Zealand
A person who intentionally contravenes section 455(1)
542: Offence relating to failure to report certain matters to Teaching Council
1: An employer or a former employer commits an offence, and is liable on conviction to a fine not exceeding $25,000, if it fails without reasonable justification to report to the Teaching Council in relation to any matter of conduct as required under section 489 490 491
2: An employer or a former employer commits an offence, and is liable on conviction to a fine not exceeding $5,000, if it fails without reasonable justification to report to the Teaching Council in relation to any matter of competence as required under section 489 490 492 1989 No 80 s 396
543: Other offences
1: A person commits an offence, and is liable on conviction to a fine not exceeding $500, if the person, without lawful justification, fails or refuses—
a: to attend and give evidence when required by the Disciplinary Tribunal; or
b: to answer truthfully and fully any question put to the person by a member of the Disciplinary Tribunal; or
c: to produce any document, record, or other information as required by the Disciplinary Tribunal.
2: A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, if the person, without lawful excuse, breaches an order made by the Disciplinary Tribunal under section 501(6) 1989 No 80 s 407
544: Offence relating to breach of code resulting in serious harm to or death of students
1: A provider or signatory provider commits an offence if—
a: the provider or signatory provider, without reasonable excuse, breaches the applicable code; and
b: the breach results in serious harm to or the death of 1 or more of its students.
2: A provider who commits an offence against this section is liable on conviction to a fine not exceeding $100,000. 1989 No 80 s 238S
545: Pecuniary penalty relating to breach of code
1: On the application of a code administrator, a court may order a provider or signatory provider to pay to the Crown any pecuniary penalty that the court determines to be appropriate if the court is satisfied that the provider or signatory provider has, without reasonable excuse, committed a serious breach of the applicable code.
2: The amount of any pecuniary penalty may not exceed $100,000. 1989 No 80 s 238T
546: Relationship between offences and penalties
1: Once criminal proceedings against a provider or signatory provider for an offence against section 544 section 545
2: Once civil proceedings against a provider or signatory provider for a pecuniary penalty under section 545 section 544
3: Any uncompleted proceedings for an order under this Act that a provider or signatory provider pay a pecuniary penalty must be stayed if criminal proceedings are started or have already been started against the provider or signatory provider for the same act or omission, or substantially the same act or omission, in respect of which the pecuniary penalty order is sought. 1989 No 80 s 238U
6: Administration of education system
547: Outline of Part 6
1: This Part, which concerns the administration of New Zealand’s education system, is divided into 9 subparts.
2: Subpart 1
3: Subpart 2
4: Subpart 3
5: Subpart 4
6: Subpart 5
7: Subpart 6
8: Subpart 7
9: Subpart 8
10: Subpart 9 1989 No 80 s 308
1: Funding
548: Funding of certain early childhood services and certified playgroups
1: In each year, out of money appropriated by Parliament,—
a: the service provider of every licensed early childhood service—
i: must be paid general grants; and
ii: may be paid 1 or more discretionary grants; and
b: the service provider who operates a certified playgroup—
i: may be paid general grants; and
ii: may be paid 1 or more discretionary grants; and
c: the management of any body corporate may be paid a discretionary grant for the purpose of establishing a licensed early childhood service or certified playgroup.
2: The amount of every grant must be determined by the Minister.
3: The Minister may determine the means by which the amounts of grants may be calculated or ascertained, and—
a: different means may be determined in respect of—
i: grants of different classes or descriptions; and
ii: licensed early childhood services of different classes or descriptions and certified playgroups; and
b: the amount of any grant may be determined accordingly; but
c: nothing in this subsection limits or affects the Minister's power under subsection (2)
4: Without limiting subsection (3)
5: Any grant—
a: may be paid unconditionally, or subject to any conditions the Minister specifies in writing when the grant is paid or earlier; and
b: may be paid to be used for any purpose the service provider thinks fit, or for only the purposes that the Minister specifies in writing when the grant is paid or earlier; and
c: may be withheld in whole or in part if the service provider fails to comply with any regulations made under section 636 637
5A: Subsections (5B) and (5C) apply to conditions or purposes—
a: specified under subsection (5)﻿(a) or (b); and
b: that relate to employment matters (for example, remuneration).
5B: Those conditions or purposes may be specified by the Minister to help achieve aims that are, or include, employment relations aims.
5C: Those aims may, but need not, also be specified by the Minister.
6: The service provider must ensure that,—
a: where a grant has been paid subject to conditions, the conditions are complied with; and
b: if a grant has been paid to be used only for purposes specified by the Minister under subsection (5)﻿(b), the grant is used only for those purposes. 1989 No 80 s 311 Section 548(5A) inserted 13 July 2021 section 4 Education and Training (Grants—Budget Measures) Amendment Act 2021 Section 548(5B) inserted 13 July 2021 section 4 Education and Training (Grants—Budget Measures) Amendment Act 2021 Section 548(5C) inserted 13 July 2021 section 4 Education and Training (Grants—Budget Measures) Amendment Act 2021
549: Loans to licensed early childhood services
The Minister may, on any terms and conditions the Minister thinks fit, lend to the service provider of any licensed early childhood service money appropriated by Parliament for the purpose. 1989 No 80 s 312
550: Grants and supplementary grants to boards
1: In each financial year, boards must be paid, out of money appropriated by Parliament for the purpose, grants and supplementary grants of the amounts that the Minister determines.
2: Subsection (1) subsections (3) and (4) section 554
3: However, in determining the amount of a grant, the Minister may not take into account international students (other than students entitled under section 520(1)
4: A supplementary grant is payable on the condition that it be used for the purposes set out in the grant, and a board that receives a supplementary grant must use it for those purposes only. 1989 No 80 s 79
551: Discretionary grants to boards
1: The Minister may, in or for a financial year, make discretionary grants to boards out of money appropriated by Parliament for the purpose.
2: Subsection (1) subsections (3) to (7)
3: The Minister must determine the amount of each discretionary grant made under subsection (1)
4: In determining the amount of a discretionary grant, the Minister must take no account of international students (other than students entitled under section 520(1)
5: A discretionary grant made under subsection (1)
a: must be made subject to the condition that a board that receives it does not seek or receive any solicited voluntary payment from parents; and
b: may also be made subject to other conditions (except a condition that it be used for the purposes set out in the grant) determined by the Minister
6: A discretionary grant may be paid to a board only if the board has decided by resolution to receive the grant.
7: A board that receives a discretionary grant must take all reasonable steps to ensure that all conditions of the grant are complied with.
8: An instrument imposing conditions under subsection (5)﻿(b) is secondary legislation ( see Part 3
9: If an instrument under subsection (5)﻿(b) is not secondary legislation, the Minister must give a copy of the instrument to the boards named in the instrument. 1989 No 80 s 79A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	notify it in the Gazette Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 551(5)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 551(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 551(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
552: Minister may prescribe exemptions to mandatory condition
1: The Minister may, by notice section 551(5)﻿(a)
2: Exemptions prescribed by a notice under this section enable any board, or class or classes of boards, specified in the notice to which a discretionary grant is made, or is to be made, to seek or receive any solicited voluntary payment from parents for any student activity or student activities specified in the notice.
3: An exemption under this section is secondary legislation ( see Part 3
4: If an exemption is not secondary legislation, the Minister must give a copy of the exemption to the boards named in the notice. 1989 No 80 s 79B The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 552(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 552(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 552(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
553: Application of Legislation Act 2012
Section 553 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
554: Effect of non-compliance with conditions of earlier discretionary grants
1: In determining for the purposes of section 550 551
a: must have regard to the extent to which the board has, in any 1 or more earlier financial years, failed to comply with all or any conditions of a discretionary grant paid to the board in respect of the school in or for those 1 or more earlier financial years; and
b: may, after consulting the board, determine for the grant, supplementary grant, or discretionary grant an amount that is less than it would otherwise have been.
2: However, the total of all reductions (if any) made under subsection (1)﻿(b) 1989 No 80 s 79D
555: Grants for distance schools
Despite section 550
a: the board of a distance school must in each financial year be paid, out of money appropriated by Parliament for the purpose, a single grant of an amount that the Minister determines:
b: any part of a grant may be used for the payment of teacher salaries:
c: a board may not, out of money that is not part of a grant, pay any part (or all) of a teacher's salary, or pay to the Crown any part (or all) of a teacher's salary paid by the Crown, except—
i: with the Minister's consent; and
ii: in accordance with the conditions of the consent (if any):
d: the Minister must withhold consent under paragraph (c)﻿(i) 1989 No 80 s 81A
556: Grants to educational bodies
1: An educational body may, on conditions that the Minister thinks fit, be paid grants out of money appropriated by Parliament for the purpose.
2: However, a grant may not be paid to a tertiary education provider or a workforce development council unless the Minister is satisfied that the payment is in the national interest.
3: The Minister may determine the amount of, and the conditions that apply to, each grant.
4: Before a grant is paid, the Minister may give the educational body written notice that the grant, or a part or parts of the grant (specified as a particular sum or as a proportion of the total grant), is not to be used except for purposes specified in the notice.
5: If notice is given, the educational body must ensure that no part of the grant to which the notice relates is used for purposes other than those specified for it in the notice.
6: Apart from this restriction, an educational body to which a grant is paid may apply the grant as it sees fit.
7: In the financial year during which a grant was paid to an educational body, and during the next financial year,—
a: the Secretary may, by written notice, require the educational body to provide the Secretary with any financial report, or statistical or other information, relating to the educational body, within a time specified in the notice and in writing; and
b: the educational body must take all reasonable steps to comply with the notice.
8: The Minister may, for the purposes of this section and section 557 1989 No 80 s 321
557: Educational bodies to keep accounts
1: Every grant to an educational body must be paid under a funding agreement that specifies—
a: the purpose of the grant; and
b: any conditions attaching to it; and
c: the reporting obligations of the recipient.
2: If a grant has conditions, the educational body receiving the grant must—
a: keep records (in respect of the year in which the grant was paid and the year after), in a manner approved by the Minister, that show fully and fairly—
i: the effect of the grant on the financial transactions, assets, liabilities, and funds of the educational body; and
ii: the educational body’s compliance with the conditions; and
b: ensure that the records are available for inspection at all reasonable times by a Ministry employee whom the Secretary has authorised for the purpose. 1989 No 80 s 322
558: Reduction in grants if limits not met
When determining the amount of a grant payable to a board under section 550
a: must have regard to the extent to which the Secretary has caused teachers employed at the relevant school to be paid salaries greater in total than the salaries that would have been payable if the board had complied with sections 581(1) 583
b: may, after consulting the board, reduce the amount that the grant would otherwise have been had the board complied. 1989 No 80 s 91K
559: School transport
1: The Secretary may assist in the provision of school transport by doing any of the following:
a: paying registered schools, early childhood services, and certified playgroups to provide school transport for their students:
b: arranging transport providers to provide school transport:
c: contributing to the cost of parents providing school transport.
2: In providing school transport assistance for students enrolled at a State integrated school, the Secretary must have reasonable regard to the preference of parents to enrol their children at a State integrated school or a State school.
3: In this section, school transport
a: a registered school:
b: an early childhood service:
c: a certified playgroup:
d: an educational activity that the Secretary has approved. 1989 No 80 ss 139D 446
2: Property and assets
560: Centres situated on land owned by, or leased to, the Crown
1: The 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 that land, may be governed by—
a: a lease, tenancy, or licence between the Crown and the service provider who operates the centre under section 45
b: a lease or licence between a board and the service provider; or
c: a lease between a third party (to whom a lease has been granted by the Crown) and the service provider; or
d: an occupancy document notified to the service provider who operates the centre by the Secretary.
2: If subsection (1)﻿(d)
a: the Secretary may direct the building of any capital works on that land that are intended for the centre's use:
b: the service provider who operates the centre must—
i: pay to the Secretary the rent for the time being charged by the Secretary; and
ii: comply with standards of maintenance and capital works as determined by the Secretary:
c: the service provider who operates the centre may not, 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 licence or permit in respect of, or assign any rights in respect of, or part with possession or control of, or allow any other person to share possession, control, or use of, the land or any other property of the Crown.
3: The Secretary may amend an occupancy document by written notice to the service provider who operates the early childhood education and care centre.
4: In this section, lease 1989 No 80 s 319J
561: Minister may declare land no longer needed for educational purposes
1: The Minister may, by notice in the Gazette
2: On publication of a notice under subsection (1) subsection (3)
3: Subsection (2)
a: for education or educational purposes; or
b: for, or for the purposes of, a school or other educational institution (whether or not any particular school or institution); or
c: for any purpose related to or connected with a school or other educational institution (whether or not any particular school or institution); or
d: for any similar purpose. 1989 No 80 s 71B
562: Rent for teachers’ residences
1: A teacher who is provided with a teacher’s residence in respect of the teacher’s teaching position must pay rent in accordance with a scheme prescribed by the Minister
2: A rental scheme under this section is secondary legislation ( see Part 3 1989 No 80 s 88A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must notify it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 562(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 562(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
563: Transfer of Crown assets and liabilities to institutions
1: Despite any Act, rule of law, or agreement, the Minister may, on behalf of the Crown and on any terms and conditions the Minister agrees with an institution's chief executive, do any 1 or more of the following:
a: transfer to an institution assets and liabilities of the Crown (being assets and liabilities relating to the activities to be carried on by the institution):
b: vest in an institution any rights conferred by designations under operative district schemes applying to land transferred to the institution:
c: grant to an institution leases, licences, easements, permits, or rights of any kind in respect of any assets or liabilities of the Crown.
2: The Minister must, within 12 sitting days after taking any action under subsection (1)﻿(a) or (b)
3: Assets that are fixed to, or are under or over, any land may be transferred to an institution under this section whether or not any interest in the land is also transferred; but, if the asset is transferred, the asset and the land must be treated as separate assets each capable of separate ownership.
4: Any asset or liability of the Crown may be transferred to an institution under this section whether or not any Act or agreement relating to the asset or liability permits the transfer or requires any consent to the transfer.
5: If a transfer referred to in subsection (4)
a: the transfer does not entitle any person to terminate, alter, or in any way affect the rights or liabilities of the Crown or the institution under any Act or agreement:
b: if the transfer is registrable, the person responsible for keeping the register must register the transfer as soon as practicable after written notice of the transfer is received by that person from any other person authorised for this purpose by the Minister:
c: the presentation to the House of Representatives of any document relating to the transfer must be treated as notice of the transfer, and any third party must after the date of the document deal with the institution in place of the Crown:
d: the Crown remains liable to any third party as if the asset or liability had not been transferred:
e: any satisfaction or performance by the institution in respect of the asset or liability must also be treated as being satisfaction or performance by the Crown:
f: any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the institution must also be treated as being to the benefit of the Crown.
6: No provision in any agreement limiting the Crown's right to sell any assets to third parties, or for determining the consideration for the sale of any assets to third parties, or obliging the Crown to account to any person for the whole or part of the proceeds of sale by the Crown of any assets to third parties, or obliging the Crown to pay a greater price than otherwise by reason of or as a consequence of the sale of any assets to third parties, may have any application or effect in respect of any agreement or transfer entered into or made under this section or under the agreement or transfer.
7: If land, interests in land, licences, permits, or rights created on terms and conditions wholly or partly set out in any Act are transferred to an institution under this section, and the Governor-General has by Order in Council declared that this subsection applies in respect of that land or those interests, licences, permits, or rights, then the terms and conditions set out in the Act (whether or not repealed) and that are specified in the order (with all necessary modifications) continue to apply in respect of that land or those interests, licences, permits, or rights after the transfer unless the institution and the holders of that land or those interests, licences, permits, or rights otherwise agree.
8: If any requirement has been made under section 168
9: See section 572(3) 1989 No 80 s 206 Section 563(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
564: Transfer of land
1: Crown land and any lands of the Crown other than lands registered under the Land Transfer Act 2017 that are to be transferred to an institution must—
a: be identified by an adequate legal description, or on plans lodged in the office of the Chief Surveyor for the land district in which the land is situated (being plans certified as correct for the purposes of this section by that Chief Surveyor); and
b: be approved by the Governor-General in Council and vest in the institution in accordance with, and on a date specified in, an Order in Council made for the purposes of this section.
2: All land that is subject to the Land Act 1948 Forests Act 1949
3: Nothing in sections 40 to 42 sections 40 41 section 563
4: Nothing in this Act or in any transfer of land to an institution under section 563
a: section 3 of the Petroleum Act 1937
b: sections 10 11
c: section 354
5: See section 572(3) 1989 No 80 s 207 Section 564(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
565: Title to land
1: The Registrar-General of Land must, on written application by any person authorised by the Minister and on payment of the prescribed fee,—
a: register an institution as the owner, replacing the Crown, of the estate or the interest of the Crown in any land that is incorporated in the register or otherwise registered under the Land Transfer Act 2017 and that is transferred to the institution under section 563
b: make the entries in the register and generally do all the things required to give effect to this section.
2: The powers conferred by subsection (1)
3: The Registrar-General of Land must, on written application by any person authorised by the Minister and on payment of the prescribed fee, issue a record of title for land vested in an institution under section 564(1)
4: As soon as the land is registered in accordance with subsection (1) subsection (3)
5: Applications in accordance with subsections (1) and (3) section 564(1)﻿(b) subsection (3) 1989 No 80 s 208
566: Land certification
1: Before the Registrar-General of Land issues a record of title in respect of any land vested in an institution under section 564(1) section 4 Schedule 2
2: Where any land that has been vested in an institution under section 564(1) section 4 Schedule 2 1989 No 80 s 209
567: Māori land claims
The submission in respect of any land or interest in land of a claim under section 6
a: by the Crown to an institution; or
b: by an institution to any other person. 1989 No 80 s 210
568: Registrar-General of Land to register memorial
1: If any land or interest in land is transferred to an institution under section 563 section 572 Subject to section 569 of the Education and Training Act 2020 (which provides for the resumption of land on the recommendation of the Waitangi Tribunal and which does not provide for third parties (for example, the owner of the land) to be heard in relation to the making of the recommendation)
2: Subsection (1) section 569(2) or (3) 1989 No 80 s 211
569: Resumption of land on recommendations of Waitangi Tribunal
1: If the Waitangi Tribunal has, under section 8A(2)﻿(a) section 563 section 572 section 8B section 570
2: This section does not apply in relation to any piece of land that, at the date of its transfer to an institution under section 563 section 572
a: a deferred payment licence issued under the Land Act 1948
b: a lease under which the lessee had the right of acquiring the fee simple.
3: This section does not apply in relation to any piece of land or interest in land in respect of which a certificate issued under section 8E(1) 1989 No 80 s 212
570: Resumption of land to be acquired under Public Works Act 1981
1: If section 569 Part 2 Parts 2 4 5 6 7 Schedules 1 3 4 5
2: The existence on the record of title to any land or interest in land acquired under subsection (1) section 568 Public Works Act 1981
3: The power conferred by this section does not include the power to acquire or take and to hold under section 28 section 8A(6) 1989 No 80 s 213
571: Resumption of wāhi tapu
1: If the Governor-General is satisfied that any land or interest in land held by an institution, being land or an interest in land transferred to that institution under section 563 section 572 Gazette
a: that the land or interest in land is resumed by the Crown on a date specified in the order; and
b: that, on the date of its resumption in accordance with the order, that land or interest in land is no longer liable to resumption under section 569
2: If any land or interest in land is resumed under subsection (1)﻿(a)
a: the institution must transfer the land or interest in land to the Crown on the date specified in the order; and
b: the Crown must pay to the institution in respect of the land or interest in land the compensation that would have been payable to the institution if, on the date specified in the order, the land or interest in land had, under section 570 Part 2
3: Every memorandum of transfer executed in accordance with an order must—
a: state that it is executed in accordance with the order; and
b: give both the date of the order and the date of its publication in the Gazette
4: Upon its resumption under subsection (1) section 6
5: A resumption of land or of an interest in land under subsection (1)﻿(a) section 218 1989 No 80 s 214
572: Orders in Council relating to transfer of assets and liabilities
1: For the purpose of facilitating the transfer of assets and liabilities to an institution under section 563
a: vest in or impose on an institution any asset or liability (other than land to which section 564(1)
b: vest land in an institution for the purposes of section 564(1)
c: declare that a reference to the Crown or a Minister, officer, employee, department, or instrument of the Crown in any or all regulations, orders, notices, or documents is to be treated as being, or to include, a reference to an institution specified in the order:
d: declare that an institution must assume or continue to have the rights and obligations of the Crown or a Minister, officer, employee, department, or instrument of the Crown in respect of applications for rights, objections, or proceedings before any court, authority, or other person, being rights and obligations that the institution has agreed to assume:
e: declare, in respect of any assets or liabilities transferred to an institution under section 563
f: declare that any order made under this section is to be treated as being notice to all persons, and that specific notice need not be given to any authority or other person:
g: direct any authority or other person to register or record the vesting or declaration.
2: Every order made under this section may be made on the terms and conditions that the Governor-General thinks fit, and has effect according to its terms.
3: An order under this section is secondary legislation ( see Part 3 1989 No 80 s 215 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 572(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
573: Effect of disestablishment of institution
1: If an institution is disestablished, the following provisions apply.
2: The institution and the council of the institution cease to exist.
3: A person who would, but for the disestablishment of the institution, have been entitled to be granted an award of the institution is entitled to be granted an equivalent award,—
a: if the institution is incorporated into another institution, of the other institution; or
b: otherwise, of any institution that the Secretary directs.
4: A person who has partially completed a programme at the disestablished institution leading to an award is entitled—
a: to enrol in a similar programme at—
i: another institution if the disestablished institution is incorporated into that institution; or
ii: any other institution that the Secretary directs to enrol the person; and
b: to be granted the status, and the credit for work performed at the disestablished institution, as the council of the other institution, after consulting NZQA, thinks fit.
5: If the disestablished institution is, immediately upon its disestablishment, incorporated into another institution,—
a: all real and personal property that, immediately before the disestablishment, was vested in the disestablished institution (including property held on trust) is vested in the other institution subject to all charges, encumbrances, estates, and interests, and any enactment, affecting that property; and
b: the other institution becomes liable to pay and discharge all the debts, liabilities, and obligations of the disestablished institution that existed immediately before its disestablishment.
6: If the disestablished institution is not, immediately upon its disestablishment, incorporated into another institution,—
a: all real and personal property that, immediately before the disestablishment, was vested in the council of the disestablished institution (including property held on trust) is vested in the Minister subject to all charges, encumbrances, estates, or interests, and any enactment, affecting that property; and
b: the Minister becomes liable to pay and discharge all the debts, liabilities, and obligations of the council of the disestablished institution that existed immediately before its disestablishment.
7: If any real or personal property that was held by a disestablished institution on trust vests in the Minister under subsection (6)﻿(a)
8: If any land vests in an institution or in the Minister under this section, the Registrar-General of Land, on the deposit with the Registrar-General of the plans and documents that the Registrar-General may require, must make the entries in the register and generally do all the other things necessary to give full effect to this section.
9: Any contract or other instrument (other than a contract of, or instrument relating to, employment) subsisting, or any proceeding pending, immediately before the disestablishment of an institution to which the institution was a party has effect after the disestablishment as if—
a: the institution into which the disestablished institution is incorporated or the Minister is substituted for the disestablished institution as a party to the contract, other instrument or proceeding; and
b: any reference in the contract or other instrument, or in a pleading, affidavit or other document in the proceeding, to the disestablished institution in its capacity as a party to the contract, other instrument or proceeding is (except in relation to matters that occurred before the disestablishment) a reference to the institution in which the disestablished institution is incorporated or the Minister.
10: Despite subsection (2) Part 4 section 306
a: if the institution is incorporated into another institution, the council of the other institution; or
b: otherwise, the Secretary,— must give to the council of the disestablished institution any assistance that the council requires for the purpose of complying with its obligations under those provisions and is responsible for paying any expenses incurred by the council (including remuneration and expenses of members of the council) in so complying. 1989 No 80 s 217
574: Taxes and duties where disestablished institution incorporated into another institution
1: For the purposes of the Acts specified in Schedule 1
a: a disestablished institution referred to in section 573(5)
b: in respect of the liability under 1 or more of those enactments for, and the assessment, determination, or imposition of, taxes, duties, levies, or other charges accruing on and from the day on which the real and personal property of the disestablished institution so vests in the other institution, all transactions entered into by, and acts of, the disestablished institution before the vesting under section 573(5)
2: For the purposes of determining a matter referred to in subsection (3) section 573(6)
3: The matters are whether—
a: any taxpayer satisfies the requirements of section IA 5(2)
b: any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IA 6
c: any debit arises to be recorded in a taxpayer's imputation credit account under section OB 41
4: The vesting of all the real and personal property of a disestablished institution in another institution under section 573(5) Goods and Services Tax Act 1985 Estate and Gift Duties Act 1968
5: Nothing in subsection (2) or (4) subsection (1) 1989 No 80 s 218
575: Taxes and duties in other cases
1: For the purposes of the Acts specified in Schedule 1
a: a disestablished institution referred to in section 573(6)
b: in respect of the liability under 1 or more of those enactments for, and the assessment, determination, or imposition of, taxes, duties, levies, or other charges accruing on and from the day on which the real and personal property of the disestablished institution so vests in the Minister, all transactions entered into by, and acts of, the disestablished institution before the vesting under section 573(6)
2: For the purposes of determining a matter referred to in subsection (3) section 573(6)
3: The matters are whether—
a: any taxpayer satisfies the requirements of section IA 5(2)
b: any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IA 6
c: any debit arises to be recorded in a taxpayer's imputation credit account under section OB 41
4: The vesting of all the real and personal property of a disestablished institution in the Minister under section 573(6) Goods and Services Tax Act 1985 Estate and Gift Duties Act 1968
5: Nothing in subsection (2) or (4) subsection (1) 1989 No 80 s 219 School risk management schemes
576: School risk management scheme
1: The Minister may, in accordance with this section, establish a school risk management scheme for the purpose of indemnifying participating boards—
a: against accidental loss or damage to property of the participating boards:
b: for any other purpose authorised by regulations made under section 642
2: An indemnity under the school risk management scheme must be given in a form and contain terms and conditions authorised by regulations made under this Act.
3: A participating board is liable to pay to the Crown the annual fee set under section 577
4: The Minister may, on giving reasonable notice to all participating boards, discontinue a school risk management scheme and direct the Secretary to wind up the scheme. 1989 No 80 s 78D
577: School risk management scheme fee
1: In respect of each year during which a school risk management scheme has effect, the Minister must, by notice
2: The purpose of the annual fee is to recover the administration, insurance, and claims costs of the scheme.
3: The Secretary must deduct the fee from grants made to the participating board under section 550
4: The Secretary must establish a separate bank account for the purposes of this section, and—
a: all fees deducted under subsection (3)
b: the Secretary may authorise payments to be made from the account for the purposes of administering the scheme.
5: If the school risk management scheme is discontinued, the money held in the separate account after the scheme has been wound up must be paid into a Crown Bank Account in accordance with any directions of the Secretary to the Treasury.
6: A notice under this section is secondary legislation ( see Part 3 1989 No 80 s 78E The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 577(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 577(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Payment of salaries
578: Payroll service
1: The Secretary must ensure that a payroll service is established and maintained to provide for the payment of employees of boards who are employed in the education service.
2: A board must use the payroll service unless the Secretary directs otherwise.
3: A board required to use the payroll service must—
a: keep all records that are necessary to enable the board to use the service; and
b: provide those records to the Secretary on request. 1989 No 80 s 89
579: Salaries of teachers at certain schools to be paid by the Crown
1: Despite any other provision in this Act, the Secretary must cause to be paid out of money appropriated by Parliament for the purpose the salaries of all regular teachers employed at payrolled schools.
2: This section applies to State schools apart from distance schools. 1989 No 80 s 91C
580: Restrictions on payment of salaries of regular teachers by boards of payrolled schools
A board may not pay all or any part of the salary of a regular teacher in respect of employment at a payrolled school it administers unless—
a: the Minister has consented to the payment, and
b: the board complies with the conditions of the consent (if any). 1989 No 80 s 91F
581: Payment of salaries of relieving teachers and employment-based trainee teachers
1: Boards must pay the salaries of relieving teachers and employment-based trainee teachers employed at schools they administer.
2: However, the Secretary must cause the salary of a relieving teacher or an employment-based trainee teacher to be paid out of money appropriated by Parliament for the purpose if, under an order under subsection (3)
3: The Governor-General may, by Order in Council, specify the circumstances in which the employment of a relieving teacher or an employment-based trainee teacher justifies the central payment of the teacher's salary—
a: immediately; or
b: after employment for an initial specified period of consecutive school days on which the school at which the teacher is employed is open for instruction.
4: An order under this section is secondary legislation ( see Part 3 1989 No 80 s 91G The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 581(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
582: Limits on appointment and employment of regular teachers at payrolled schools
1: To limit the financial liability of the Crown under section 579
2: The order may do any 1 or more of the following:
a: apply different limits to different types of school or to particular schools:
b: impose limits on the numbers of particular types of teachers who may be employed:
c: set out 1 or more mechanisms by which the applicable limits are calculated:
d: specify—
i: the circumstances in which the Secretary may exempt a school or type of school from a limitation:
ii: any conditions that apply to the exemption.
3: An order under subsection (1) is secondary legislation ( see Part 3
4: If an order authorises the Secretary under subsection (2)﻿(d) to grant exemptions in respect of a type of school,—
a: instruments granting those exemptions are secondary legislation ( see Part 3
b: the order must contain a statement to that effect. 1989 No 80 s 91H The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (3) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 582(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 582(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
583: Boards to comply with limit
If an order made under section 582 1989 No 80 s 91J
584: Secretary may grant exemptions in individual cases
Despite section 583
a: the Secretary may, in accordance with any conditions specified in an order made under section 582
i: exempt the board from any limitation that the order imposes; or
ii: amend or revoke the notice; and
b: the board may appoint and employ teachers at the school in accordance with the notice. 1989 No 80 s 91I
4: Employment matters
Education service
585: Application of Employment Relations Act 2000
Except as otherwise provided in this subpart, the Employment Relations Act 2000 1988 No 20 s 73
586: Negotiation of conditions of employment
1: Except as provided in section 593 Public Service Employment Relations Act 2000
2: Without limiting subsection (1)
a: the Public Service Employment Relations Act 2000
b: employees in the education service are to be treated as if they were all employees of the Commissioner.
3: Unless otherwise directed in writing by the Public Service
4: The Public Service
a: with a union of which the employees are members; and
b: in consultation with—
i: the Secretary; and
ii: representatives of the employer or employers who are to be bound by the collective agreement, which representatives must be employers, or organisations of employers, of persons employed in the education service.
5: Every collective agreement must be entered into between—
a: the Public Service
b: a union of which the employees to whom the collective agreement is applicable are members.
6: Every collective agreement entered into between the Public Service
a: the employers of the employees to whom the collective agreement is applicable; and
b: the employees in the education service who are, or who become, members of the union.
7: Except as provided in this section, an employer who is bound by a collective agreement under subsection (6) Employment Relations Act 2000 1988 No 20 s 74 Section 586(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 586(2)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 586(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 586(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 586(5)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 586(6) amended 7 August 2020 section 135 Public Service Act 2020
587: Public Service
1: During the negotiations for a collective agreement that is to bind any employees of a board, the Public Service Employment Relations Act 2000
2: To avoid doubt and without limiting subsection (1)
3: Despite subsection (1) Public Service
a: separately advise any employee who is included in a class; or
b: comply with section 89
4: In any case where the Public Service
a: that the employee is not to be remunerated in respect of the period of the suspension or lockout:
b: that any amount paid to the employee in respect of that period be deducted from any remuneration otherwise payable to the employee.
5: Any direction under subsection (4)
a: may be given to any person responsible for effecting payments or transfers of sums of money required for the remuneration of the employee; and
b: must be followed by the person.
6: The Public Service subsection (4)﻿(b) section 6(3)﻿(b)
7: Subsection (1)
a: overrides section 601(2)
b: is subject to sections 589 590 1988 No 20 s 74AA Section 587 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 587(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 587(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 587(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 587(6) amended 7 August 2020 section 135 Public Service Act 2020
588: Boards indemnified by
Public Service
1: If, in any claim or proceedings, a board becomes liable for costs or damages that arise from the exercise or purported exercise of any of the powers conferred on the Public Service section 587
2: However, a board may not be indemnified for any costs or damages to the extent that those costs or damages arise out of conduct of the board that, in the reasonable opinion of the Public Service
a: is not in good faith; or
b: is engaged in without reasonable care. 1988 No 20 s 74AB Section 588 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 588(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 588(2) amended 7 August 2020 section 135 Public Service Act 2020
589: Strikes in schools to be notified
1: A strike by employees of any board is not lawful for the purposes of the Employment Relations Act 2000 Public Service
2: The notice required by subsection (1)
a: the nature of the proposed strike, including whether or not the proposed action is to be continuous; and
b: the school or schools that are to be affected by the proposed strike; and
c: the period of the proposed strike, which is to be specified by giving—
i: the date on and time at which the proposed strike is to commence; and
ii: the date on and time at which, or an event on the occurrence of which, the proposed strike is to end.
3: The notice must be signed by a representative of the employees' union.
4: Unless the notice is withdrawn before the commencement of the strike, every employee is, throughout the period stated in the notice, to be treated as participating in the strike if—
a: the employee's duties are normally performed in a school affected by the strike; and
b: the strike relates to the negotiation of a collective agreement that is to bind the employee; and
c: the employee's name has not been notified to the Public Service section 590
5: A notice required under subsection (1) Public Service
6: This section is in addition to, and does not limit or affect, the Employment Relations Act 2000 1988 No 20 s 74AC Section 589(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 589(4)﻿(c) amended 7 August 2020 section 135 Public Service Act 2020 Section 589(5) amended 7 August 2020 section 135 Public Service Act 2020
590: Boards to notify
Public Service
1: As soon as practicable after the commencement of a strike notified under section 589
a: provide the Public Service
b: notify each of those employees that they have been included in the list.
2: A board that has complied, or is to comply, with subsection (1) Public Service section 589
3: Information under subsection (2)
4: The Public Service
5: If the Public Service 1988 No 20 s 74AD Section 590 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 590(1)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 590(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 590(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 590(5) amended 7 August 2020 section 135 Public Service Act 2020
591: Personal grievances and disputes
Despite section 586
a: in relation to a personal grievance, the employer is the employer as defined in section 10(7)
b: in relation to a dispute about the interpretation, application, or operation of any collective agreement, the employer is the employer as defined in section 10(7) Public Service
c: in relation to any other employment relationship problem (within the meaning of section 5 section 10(7) 1988 No 20 s 74A Section 591(b) amended 7 August 2020 section 135 Public Service Act 2020
592: Delegation of
Public Service
1: The Public Service section 586
a: an employer; or
b: any organisation of employers of persons employed in the education service.
2: If the Public Service subsection (1) section 586(1)
a: the Commissioner; and
b: the Secretary.
3: Nothing in this section limits clause 6 1988 No 20 s 74B Section 592 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 592(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 592(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 592(3) amended 7 August 2020 section 135 Public Service Act 2020
593: Negotiation of conditions of employment for employees of institutions
1: The chief executive of each institution is responsible, individually or jointly through an organisation of employers of persons employed in an institution, for negotiating under the Employment Relations Act 2000
2: Before entering into a collective agreement under the Employment Relations Act 2000 Public Service 1988 No 20 s 74C(3) Section 593(2) amended 7 August 2020 section 135 Public Service Act 2020
594: Senior positions at institutions
1: The conditions of employment of every person appointed to a senior position at an institution who is not bound by any collective agreement must be determined in each case by agreement between the employer and the person to be appointed, but the employer must consult the Public Service
2: For the purposes of subsection (1) senior position 1988 No 20 s 74D Section 594(1) amended 7 August 2020 section 135 Public Service Act 2020
595: Actual conditions of employment
1: The Public Service
2: The Public Service subsection (1)
a: mutually agreed by the employee and their employer; and
b: not inconsistent with the conditions of the collective agreement.
3: The conditions of employment of employees in the education service who are not bound by any collective agreement must be determined in each case by agreement between the employer and the individual employee, but the employer must obtain the written concurrence of the Public Service
4: The Public Service subsection (3)
5: Where the conditions of employment agreed between the employer and the person to be appointed comply with the conditions of employment promulgated by the Public Service
6: In this section, education service 1988 No 20 s 75 Section 595(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 595(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 595(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 595(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 595(5) amended 7 August 2020 section 135 Public Service Act 2020
596: Personal liability of education service chief executives and employees
Education service chief executives and employees are not personally liable for any act done or omitted by the education service chief executives or employees—
a: in good faith; and
b: in the performance or intended performance of the functions of the education service chief executives or employees. 1988 No 20 s 77 Personnel provisions in relation to education service
597: General principles
1: Every employer in the education service must—
a: operate an employment policy that complies with the principle of being a good employer; and
b: make that policy (including the equal employment opportunities programme) available to its employees; and
c: ensure its compliance with that policy (including its equal employment opportunities programme) and report in its annual report (if any) on the extent of its compliance.
2: In this section, good employer
a: good and safe working conditions; and
b: an equal employment opportunities programme; and
c: the impartial selection of suitably qualified persons for appointment; and
d: recognition of—
i: the aims and aspirations of Māori; and
ii: the employment requirements of Māori; and
iii: the need for greater involvement of Māori in the education service; and
e: opportunities for the enhancement of the abilities of individual employees; and
f: recognition of the aims and aspirations and employment requirements, and the cultural differences, of ethnic or minority groups; and
g: recognition of the employment requirements of women; and
h: recognition of the employment requirements of persons with disabilities.
3: In addition to the requirements specified in subsections (1) and (2)
a: the public interest; and
b: the well-being of students attending the place of education. 1988 No 20 s 77A
598: Code of conduct
1: The Secretary may issue a code of conduct covering the minimum standards of integrity and conduct that are to apply in the education service.
2: The Secretary may issue separate codes of conduct under this section to apply to different parts of the education service.
3: Before the Secretary issues a code of conduct under this section, the Secretary must consult—
a: representatives of the employers whose employees are to be bound by the code of conduct, which representatives must be employers, or organisations of employers, of persons employed in the education service; and
b: the organisations of employees employed in the education service that represent the employees who are to be bound by the code of conduct; and
c: the Public Service section 17
4: Nothing in this section prevents an employer from prescribing standards of integrity or conduct that are to apply to that employer's employees (being standards that are not inconsistent with any code of conduct issued by the Secretary under this section and that apply in relation to employees of that employer).
5: Nothing in this section applies to any institution. 1988 No 20 s 77B Section 598(3)﻿(c) amended 7 August 2020 section 135 Public Service Act 2020
599: Performance of teachers
1: The Secretary may prescribe matters that are to be taken into account by employers in assessing the performance of teachers.
2: Before the Secretary prescribes any matters under subsection (1)
a: the Teaching Council; and
b: the chief executive of the Education Review Office; and
c: representatives of employers of teachers; and
d: the organisations of teachers that represent teachers who are to be subject to the matters prescribed under this section.
3: Nothing in this section prevents an employer from prescribing matters to be taken into account in assessing the performance of teachers employed by that employer (being matters that are not inconsistent with any matters prescribed under this section by the Secretary and that apply to teachers employed by that employer).
4: Nothing in this section applies to any teachers employed in any institution, or any early childhood service that is not a free kindergarten. 1988 No 20 s 77C
600: Equal employment opportunities
The Secretary is responsible for promoting, developing, and monitoring equal employment opportunities policies and programmes in the education service. 1988 No 20 s 77D
601: Employees in education service
1: Subject to this Act, each employer—
a: may appoint any employees (including acting, temporary, casual, or relieving employees) that the employer thinks necessary for the efficient performance or exercise of the functions, duties, and powers of the place of education; and
b: may, subject to any conditions of employment included in the employment agreement applying to the employee, remove any employee from that employee's employment.
2: Unless expressly provided to the contrary in this Act, the employer has all the rights, duties, and powers of an ordinary employer in respect of the persons employed in that place of education. 1988 No 20 s 77E
602: Duty to act independently
In matters relating to decisions on individual employees (whether matters relating to the appointment, promotion, demotion, transfer, disciplining, or the cessation of the employment of any employee, or other matters), the employer must act independently. 1988 No 20 s 77F
603: Appointments on merit
An employer in making an appointment under this Act must give preference to the person who is best suited to the position. 1988 No 20 s 77G
604: Obligation to notify vacancies
If an employer intends to fill a position that is vacant or is to become vacant in a place of education (other than with an acting, temporary, casual, or relieving employee), the employer must, when practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position. 1988 No 20 s 77H
605: Restriction of compensation for technical redundancy arising from closure or merger of schools
1: An employee in a school is not entitled to receive any payment or other benefit on the ground that the employee’s position in the school (the previous position section 206 section 199
a: the employee is offered in writing employment in an equivalent position (whether or not the employee accepts the offer) in the continuing school or in the replacement school or in another school directly affected by the merger or the closure; or
b: the employee is offered in writing, and accepts, employment in any other position in the continuing school or in the replacement school or in another school directly affected by the merger or the closure.
2: The Minister may determine whether a school is directly affected by a closure or merger, and that determination is binding on all parties.
3: Subsection (1)﻿(b) subsection (1)
4: A collective agreement that binds employees in schools may provide, consistently with subsection (1)
5: In this section, employment in an equivalent position
a: is generally similar in role, duties, and status; and
b: requires similar qualifications, training, skills, and experience, but may have a different title; and
c: is in the same general locality; and
d: is on terms and conditions of employment that are no less favourable than those that applied to the employee immediately before the offer of employment (including any service-related redundancy conditions and superannuation conditions); and
e: is on terms that treat the period of service with the school in which the previous position was held (and any other period of service recognised for the purposes of the previous position as continuous service) as if it were continuous service for the purposes of the position offered to the employee. 1988 No 20 s 77HA
606: Appointment of employees following closure or merger of schools
1: Sections 603 604
a: the appointment is made in connection with the closure of a school under section 199 section 206
b: the position that the employee previously held has ceased to exist as a result of the closure or merger.
2: Subsection (1) 1988 No 20 s 77HB
607: Acting appointments
1: In the case of absence from duty of any employee (from whatever cause arising) or on the occurrence from any cause of a vacancy in any position with an employer (whether by reason of death, resignation, or otherwise) and while the absence or vacancy continues, all or any of the powers and duties of the employee or pertaining to the position may be exercised and performed by any other employee for the time being directed by the employer to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.
2: No direction and no acts done by any employee acting under a direction may, in any proceedings, be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the employee has not been appointed to any position to which the direction relates. 1988 No 20 s 77I Senior appointments in institutions
608: Chief executives of institutions
Despite anything to the contrary in any other enactment, the appointment and conditions of employment of every chief executive of an institution must be determined under this subpart. 1988 No 20 s 77IA
609: Appointment of chief executive
1: Subject to section 610
2: Where there is a vacancy or an impending vacancy in the position of chief executive of an institution, the council of the institution must notify the vacancy or impending vacancy in the manner that it thinks sufficient to enable suitably qualified persons to apply for the position.
3: The council may—
a: examine applicants for the position; and
b: seek advice from the sources that it considers relevant.
4: The council may invite any other persons that it thinks fit to assist it to decide on the person to be appointed, and any person so invited may take part in the examination of applicants or in the council's deliberations on the matter, or in both.
5: In deciding upon the person to be appointed as chief executive, the council must have regard to the need to appoint a person who can—
a: discharge the specific responsibilities placed on the chief executive; and
b: imbue the employees with a spirit of service to the institution and to the community; and
c: promote efficiency; and
d: manage the institution in a responsible manner that reflects the needs of academic freedom, accountability, and the proper use of resources; and
e: maintain appropriate standards of integrity and conduct among employees and ensure the well-being of students attending the institution; and
f: ensure that the institution is a good employer; and
g: promote equal employment opportunities. 1988 No 20 s 77IB
610: Reappointment of chief executive
A council may reappoint its existing chief executive for a further term without first notifying the impending vacancy or examining other applicants. 1988 No 20 s 77IC
611: Conditions of employment of chief executive
1: A chief executive must be appointed for a term of not more than 5 years.
2: A chief executive is eligible for reappointment.
3: Except where specific conditions of employment for a chief executive are provided in this Act, the conditions of employment of a chief executive must be determined in each case by agreement between the council of the institution and the chief executive, but the council must obtain the written agreement of the Public Service 1988 No 20 s 77ID Section 611(3) amended 7 August 2020 section 135 Public Service Act 2020
612: Removal from office
The council, for just cause or excuse, may remove the chief executive from office. 1988 No 20 s 77IE
613: Acting chief executive
1: All or any of the functions, powers, and duties of the chief executive or relating to the position may be exercised and performed by an employee for the time being directed by the council of the institution to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues if—
a: a vacancy in the position of chief executive of an institution exists; or
b: a chief executive of an institution is absent from duty (from whatever cause arising).
2: No direction and no acts done by any person acting under any direction may, in any proceedings, be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the person had not been appointed to the position of chief executive.
3: The council of the institution must determine the conditions of employment that are to apply to any person directed under subsection (1) 1988 No 20 s 77IF Employment of others
614: Power of Secretary to employ teachers
1: The Secretary may employ persons to work in State schools as teachers.
2: An order made under section 582
3: The following provisions apply to persons employed as teachers under this section as if the Secretary were a board, and with any other necessary modifications:
a: sections 92 to 96
b: sections 489 to 509
c: sections 542 543 662
d: Schedule 3
e: clause 13 1989 No 80 s 91N
615: Employment-based trainee teaching positions
1: On receipt of a request from a board, the Secretary may, by written notice to the board, establish an employment-based trainee teaching position for the school.
2: Despite any provision to the contrary in this Act, the board for which an employment-based trainee teaching position has been established may appoint only an employment-based trainee teacher to the position. 1989 No 80 s 91O
616: Agreements with trainee teachers
1: The Minister may enter into an agreement with any person who undertakes teacher training.
2: The agreement must provide for—
a: payment by the Minister to the person of an amount of money on condition that the person must, on completion of teacher training, work in New Zealand as a teacher for a specified period; and
b: an undertaking by the person that, if the person defaults on the condition, the person must repay the amount paid under the agreement (in full or as specified in the agreement).
3: The Minister may require the agreement with the person to be signed by a guarantor, in which case the person and the guarantor are jointly and severally liable. 1989 No 80 s 139E
617: Minister must issue eligibility criteria relating to appointment of principals
1: The Minister must issue eligibility criteria that must be met by applicants for appointment to the position of principal for the purposes of—
a: ensuring consistency in the skills, competencies, knowledge, and expertise that applicants for appointment to the position must demonstrate; and
b: supporting better understanding of the background and experience needed for school leadership among persons aspiring to the role of a principal as part of their future career; and
c: providing confidence to boards in making appointments; and
d: signalling the importance of the role of a principal across the wider school system.
2: Before issuing any criteria under subsection (1)
a: children and young people and their parents, whānau, and communities:
b: national bodies representing the interests of—
i: teachers:
ii: principals:
iii: boards:
iv: the disability community:
v: support staff in schools:
vi: Māori education organisations:
vii: proprietors of State integrated schools:
c: national bodies with a particular role in respect of the character of designated character schools.
3: The Minister may delegate the Minister’s function under subsection (1)
4: In making an appointment to the position of principal, a board must apply any criteria issued under subsection (1) section 618
618: Board may develop additional criteria relating to appointment of principals
1: A board may develop additional criteria relating to the appointment of a principal at the relevant board’s school.
2: Any additional criteria developed by the board must not be inconsistent with any eligibility criteria issued by the Minister under section 617
3: In developing any additional criteria, the board must consult its school community.
5: Information and reporting
619: Secretary may require information for administration of Act
1: The Secretary may, by written notice that complies with subsection (2)
a: the board of a State school:
b: the service provider who operates any licensed early childhood service or any certified playgroup:
c: the managers of a private school.
2: The notice must specify the information required and the date by which it must be provided to the Secretary.
3: The individual or body must provide the information in writing by the date specified in the notice.
4: Information that identifies individuals may be used only for the following purposes:
a: statistical purposes:
b: ensuring that institutions and students receive relevant resourcing:
c: monitoring and ensuring student rights in respect of enrolment and attendance.
5: For the purposes of registering or inspecting private schools, information required under subsection (1) 1989 No 80 s 144A
620: Report on performance of school sector
1: The Minister must in each year, not later than 30 September, prepare and present to the House of Representatives a report on the performance of the school sector in the immediately preceding financial year ending on 31 December.
2: The report must include information about—
a: the performance of the school sector:
b: the management performance in the school sector, including the quality of the management systems and practices in the school sector and the management of all the assets used in the school sector:
c: the effectiveness of the school sector in terms of educational achievement.
3: The report—
a: must relate to all of the schools owned by the Crown; and
b: may relate to other schools. 1989 No 80 s 87B
621: National student numbers
The Secretary must ensure that national student numbers are assigned and used in accordance with Schedule 24
6: Entry and inspection
Review officers
622: Powers of entry and inspection for places other than dwelling houses
1: For the purpose of enabling any functions of the Chief Review Officer under subpart 3
a: conduct inspections or make inquiries:
b: require any applicable person to produce documents or provide information, and permit the review officer to make copies of or take extracts from the documents or information, relating to—
i: an applicable service that the applicable organisation provides; or
ii: people to whom the service is (or has been) provided:
c: require any applicable person of the applicable organisation, or any other person employed by the applicable organisation or any applicable person of the applicable organisation or involved in the management of the applicable organisation, to make or provide statements, in any form and manner the review officer specifies, about any matters relating to an applicable service:
d: inspect the work of any person to whom an applicable service is (or has been) provided:
e: meet and talk with any person to whom an applicable service is being provided.
2: In this section, applicable organisation 1989 No 80 s 327
623: Review officers to prove identity before acting under section 622
A review officer who enters any place under the authority of section 622 1989 No 80 s 328 Early childhood services
624: Power to enter and inspect, without warrant, homes used by licensed home-based education and care services
1: For the purposes of enabling the functions of the Chief Review Officer to review and evaluate curriculum delivery and health and safety performance in a home used by a licensed home-based education and care service, a review officer may, at any reasonable time and having given reasonable notice to the relevant service provider, enter the home, and—
a: conduct inspections or inquiries, including (without limitation) observing any children present in the home who are receiving the service:
b: require the person providing the service in the home—
i: to make available documents or information, and permit the review officer to make copies or extracts of the documents or information, relating to curriculum delivery and health and safety performance of the service in the home:
ii: to make or provide statements, in any form and manner the review officer specifies, about any matters relating to curriculum delivery and health and safety performance of the service in the home:
c: inspect the work of any person to whom the service is (or has been) provided:
d: meet and talk with the person providing the service in the home or any person to whom the service is being provided.
2: If a service provider receives a notice, the service provider must provide the Education Review Office with a list of the addresses of all the homes where the service provider provides a licensed home-based education and care service.
3: A review officer may only inspect those areas of a home that are used to provide the licensed home-based education and care service.
4: A review officer may request those given notice to provide, before the entry, information that is reasonably necessary or desirable to carry out the inspection or inquiries.
5: The request may be part of the notice.
625: Review officers to prove identity before acting under section 624
A review officer who enters any place under the authority of section 624 1989 No 80 s 328
626: Powers of entry and inspection without warrant
1: A person authorised under subsection (3)
a: enter and inspect—
i: any premises that—
A: are or contain a licensed early childhood education and care centre; or
B: are used to provide a licensed home-based education and care service (whether or not used as a home by the person providing the service); or
C: are used to provide a licensed hospital-based education and care service; or
D: are used by a certified playgroup:
ii: any offices of a service provider that are related to those premises:
b: inspect, photocopy, print, or copy onto a storage device any documents (whether held in electronic or paper form) that the person believes on reasonable grounds to be those of the licensed early childhood service or certified playgroup:
c: remove any document described in paragraph (b)
2: If any documents are removed from premises under subsection (1)﻿(c)
a: leave at the premises a list of the documents removed; and
b: return the documents, or a copy of them, to the premises as soon as practicable, unless to do so would prejudice any investigation being or to be carried out by the Ministry.
3: The Secretary may authorise in writing any person who, in the Secretary’s opinion, is suitably qualified and trained in the exercise of powers under subsection (1)
4: An authorisation under subsection (3)
a: a reference to this section; and
b: the full name of the person authorised; and
c: a statement of the powers conferred on that person by this section.
5: A person exercising any power under subsection (1)
a: on first entering the premises; and
b: whenever subsequently reasonably required to do so by the person in charge.
6: For the purposes of this section and section 627 inspection 1989 No 80 s 319B
627: Powers of entry and inspection with warrant
1: A person who is authorised under section 626 section 636
2: If the Judge or other person to whom the application is made is satisfied that there are reasonable grounds to believe that the premises are being so used, the Judge or other person may issue a warrant directed to the person by name authorising the person to enter the premises.
3: A warrant issued under subsection (2)
a: a reference to this section; and
b: the full name of the person authorised; and
c: a description of the premises concerned; and
d: the date on which it was issued and the date on which it expires.
4: A warrant issued under subsection (2)
a: enter the premises described in the warrant; and
b: do on those premises anything necessary to ascertain whether those premises are being used as an early childhood education and care centre in contravention of this Act or any regulations made under section 636
5: A person exercising any power under subsection (4)
a: must have the appropriate warrant and evidence of identity and must produce them to the occupier of the premises concerned—
i: on first entering the premises; and
ii: whenever subsequently reasonably required to do so by that occupier; and
b: may observe any children present.
6: A warrant issued under subsection (2)
a: the date on which the purpose for which it was issued has been satisfied:
b: the date specified as the date of expiry under subsection (3)﻿(d) 1989 No 80 s 319C Schools
628: Powers of entry and inspection
1: A person holding an authorisation under subsection (3)
a: enter and inspect any registered school:
b: inspect, photocopy, print, or copy onto a storage device any documents (whether held in electronic or paper form) that the person believes on reasonable grounds to be those of the board or manager of the school:
c: remove any document described in paragraph (b)
2: If any documents are removed from a school under subsection (1)﻿(c)
a: leave at the school a list of the documents removed; and
b: return the documents, or a copy of them, to the school as soon as practicable unless to do so would prejudice any investigation being or to be carried out by the Ministry.
3: The Secretary may authorise in writing any person to exercise the powers in subsection (1)
4: An authorisation under subsection (3)
a: a reference to this section; and
b: the full name of the person authorised; and
c: a statement of the powers conferred on that person by this section.
5: A person exercising any power under subsection (1)
a: on first entering the premises; and
b: whenever subsequently reasonably required to do so by the person in charge.
6: In this section, inspection
a: access to the written and recorded work of students enrolled there; and
b: meeting and talking with students enrolled there. 1989 No 80 s 78A
629: Entry where private school suspected of being unregistered
1: A person who holds an authorisation under section 628(3) section 249
2: An application for a warrant must be in writing, on oath, and be made to a District Court Judge, Justice of the Peace, or Registrar or Deputy Registrar of any court.
3: A warrant may be issued if the person issuing it is satisfied that there is reasonable cause to believe that the premises are being used as a private school in contravention of section 249
4: A warrant issued under subsection (3)
a: a reference to this section; and
b: the full name of the person authorised; and
c: a description of the premises concerned; and
d: the date on which it was issued and the date on which it expires.
5: A warrant issued under subsection (3) section 249
6: A person acting under a warrant issued under subsection (3)
a: on first entering the premises; and
b: whenever subsequently reasonably required to do so by that occupier. 1989 No 80 s 35S School hostels
630: Purpose of sections 631, 632, and 643
The purpose of sections 631 632 643 1989 No 80 s 144B
631: Entry to inspect hostels
1: An authorised person may, at any reasonable time, do 1 or more of the following:
a: enter any hostel premises and inspect the premises and facilities:
b: inspect, and make and remove copies of, any information relating to the management of the hostel:
c: require any person at a hostel to make or provide statements, in whatever form or manner is reasonable in the circumstances, about any matter relating to the safety of students who board at the hostel.
2: An authorised person may exercise the powers in subsection (1)
3: The person in charge (or apparently in charge) of the hostel must, if an authorised person requests it, co-operate in allowing the authorised person access to the premises, facilities, and information relating to the management of the hostel, including assisting the authorised person to copy (in usable form) any information required for the inspection.
4: An authorised person may not enter or inspect the room or sleeping area of a student accommodated at the hostel unless—
a: the authorised person believes on reasonable grounds that entry or inspection is necessary for a purpose specified in subsection (2)
b: prior notice of the inspection is given to the student, and the purpose of the inspection is explained; and
c: the student is present during the inspection. 1989 No 80 s 144D
632: Authorised persons
1: The Minister may, by notice in writing, appoint any person as an authorised person for the purpose of exercising the powers in section 631
2: An authorisation under subsection (1)
a: the name of the authorised person; and
b: the powers that the person may exercise under section 631
c: the date on which the authorisation was given, and the date (if any) on which it expires.
3: When an authorised person is exercising powers under section 631
a: on entering a hostel to be inspected, to the person in charge, or apparently in charge, of the hostel; and
b: if the authorised person wishes to speak to any person in connection with the inspection, to that person. 1989 No 80 s 144E Student accommodation
633: Entry to inspect student accommodation subject to codes
1: A code administrator may
a: enter any student accommodation and inspect the premises and facilities:
b: inspect, and make and remove copies of, any information relating to the management of student accommodation:
c: ask any person at any student accommodation to make or provide statements, in whatever form or manner is reasonable in the circumstances, about any matter relating to the safety of students who board at the student accommodation.
2: A code administrator may exercise the powers in subsection (1)
3: A code administrator may not enter or inspect the room or sleeping area of a student accommodated at any student accommodation unless—
a: the code administrator believes on reasonable grounds that the entry or inspection is necessary for the purposes specified in subsection (2)
b: the code administrator gives the student at least 24 hours’ written notice of the intended entry or inspection and that notice explains the purpose of the entry or inspection; and
c: the student consents to the entry or inspection, and the student is present during the entry or inspection if being present is a condition of the consent.
4: Subsection (3)﻿(c)
5: A code administrator may, with the Minister’s prior written approval and subject to any conditions that the code administrator or the Minister thinks fit, delegate any or all of the functions, duties, and powers specified in this section to another person or agency (having regard to their knowledge, skills, or experience). 1989 No 80 s 238H(5)–(9) Section 633(1) amended 1 August 2022 section 61 Education and Training Amendment Act 2022 Private training establishments
634: Powers of entry and inspection
1: For the purpose of ensuring that a private training establishment (whether registered or not) and any agent of the establishment comply with this Act, the rules made under section 452
a: enter and inspect any premises (other than a dwelling house) that are occupied by the private training establishment or its agent:
b: require any person to produce documents or information under the control of the person:
c: inspect, photocopy, print, or copy any documents (whether held in electronic or paper form) produced under paragraph (b)
d: remove any document referred to in paragraph (c)
e: require any employee or member of the establishment to make or provide statements, in any form and manner that the authorised person specifies:
f: inspect any education and training work and any related materials:
g: meet and talk with any person.
2: A person authorised by the chief executive under subsection (1)
a: produce evidence of the person’s authorisation to the person in charge of the premises when the person first enters the premises, and at any later time, at the request of the person in charge; and
b: give the person in charge a list of all documents that have been removed (if any); and
c: return any documents that have been removed unless to do so would prejudice any investigation.
3: An authorisation under subsection (1)
a: a reference to this section; and
b: the full name of the person authorised; and
c: a statement of the powers conferred on that person under this section. 1989 No 80 s 255A Providers and signatory providers Heading inserted 1 August 2022 section 62 Education and Training Amendment Act 2022
634A: Powers of entry and inspection
1: For the purpose of ensuring that a provider or signatory provider complies with a code with which it is required to comply, a code administrator may authorise any person to do, at any reasonable time, any 1 or more of the following things:
a: enter and inspect any premises (other than a dwelling house) that is occupied by the provider or signatory provider:
b: require any person to produce documents or information under the control of the person:
c: inspect, photocopy, print, or copy any documents (whether held in electronic or paper form) that are produced under paragraph (b) or that the authorised person believes on reasonable grounds to belong to the establishment:
d: remove any document referred to in paragraph (c), whether in its original form or as an electronic or a paper copy:
e: require any employee or member of the provider or signatory provider to make or provide statements, in any form and manner that the authorised person specifies:
f: inspect any education and training work and any related materials:
g: meet and talk with any person.
2: A person authorised by the code administrator under subsection (1) must—
a: produce evidence of the person’s authorisation to the person in charge of the premises when the person first enters the premises, and at any later time, at the request of the person in charge; and
b: give the person in charge a list of all documents that have been removed (if any); and
c: return any documents that have been removed unless to do so would prejudice any investigation.
3: Before authorising a person under subsection (1), the code administrator must be satisfied that the person—
a: is of good character; and
b: has received appropriate training on the exercise of the powers available under subsection (1).
4: An authorisation under subsection (1) must be in writing and contain—
a: a reference to this section; and
b: the full name of the person authorised; and
c: a statement of the powers conferred on that person under this section. Section 634A inserted 1 August 2022 section 62 Education and Training Amendment Act 2022 Other entry and inspection provisions
635: Entry and inspection powers elsewhere in Act
The right of parents who have children in early childhood centres to enter the premises is set out in section 27
7: Regulations and directions
Regulations
636: Regulations relating to early childhood services
1: The Governor-General may, by Order in Council, make regulations—
a: prescribing matters relating to applications for approval to apply for a licence, including (without limitation)—
i: prescribing fees and charges payable for an application:
ii: specifying any conditions for approval that must be met:
aa: providing for the licensing of service providers to provide early childhood services of any kind, including (without limitation) providing for the transfer of licences:
b: regulating the management, operation, and control of licensed early childhood services of any kind, and imposing duties on service providers:
c: declaring specified early childhood services, or early childhood services of 1 or more specified types or descriptions, to be early childhood education and care services for the purpose of Part 2
d: modifying the definition of teaching position in section 10(1)
e:
2: Without limiting subsection (1), the regulations
a: prescribe, for the purposes of ensuring the health, comfort, care, education, and safety of children attending licensed early childhood services, minimum standards relating to—
i: premises and facilities:
ii: programmes of education, practices in relation to children’s learning and development, and implementation of the curriculum framework:
iii: staff and parent and caregiver involvement (including adult-to-child ratios):
iv: health and safety:
v: practices in relation to behaviour management and limits on the use of physical restraint:
vi: communication and consultation with parents:
vii: the operation or administration of licensed early childhood services:
b: authorise the Minister, after consultation with those organisations that appear to the Minister to be representative of persons likely to be substantially affected by the regulations, to prescribe criteria to be used by the Secretary to assess compliance with the minimum standards imposed by the regulations:
c:
d: limit or regulate the number of children who may attend licensed early childhood education and care centres or any premises used to provide a licensed home-based education and care service or a licensed hospital-based education and care service:
e: provide for the grant or refusal to grant, duration, expiry, renewal, suspension, transfer, reclassification, and cancellation of licences of 1 or more specified kinds for service providers for each kind of early childhood service, and prescribe the conditions under which licences may be granted, renewed, suspended, or transferred and the fees payable in respect of the grant, renewal, suspension, or transfer of the licences, or do any of those things:
f: prescribe conditions governing licensed early childhood services and the duties of their service providers:
g: prescribe the records to be kept by service providers in respect of children attending licensed early childhood education and care centres, licensed home-based education and care services, and licensed hospital-based education and care services:
h: regulate , including by authorising the Secretary to issue a notice recognising a qualification,
i: the control and management of each licensed early childhood education and care centre, licensed home-based education and care service, or licensed hospital-based education and care service:
ii: the education and care of children attending a licensed early childhood education and care centre, licensed home-based education and care service, or licensed hospital-based education and care service:
i: provide for transitional matters not dealt with in this Act:
j: prescribe offences punishable on conviction by a fine not exceeding $500 in respect of the contravention of, or non-compliance with, the regulations.
3: The regulations may prescribe different standards and other requirements—
a: for early childhood services of different types or descriptions; and
b: in respect of different kinds of licences.
4: Criteria prescribed by the Minister for use in assessing compliance with minimum standards imposed by regulations made under this section—
a: may differ in any way, including (without limitation) providing for—
i: early childhood services of different types or descriptions; and
ii: different kinds of licences; and
iii: different minimum standards.
b:
5: Regulations under this section are secondary legislation ( see Part 3
6: If the regulations authorise the Minister under subsection (2)﻿(b) to prescribe criteria,—
a: an instrument that prescribes the criteria is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 1989 No 80 s 317 2001 No 88 s 69(2)﻿(a), (c) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (5) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 636(1)﻿(a) replaced 16 December 2021 section 9(1) Education and Training Amendment Act 2021 Section 636(1)﻿(aa) inserted 16 December 2021 section 9(1) Education and Training Amendment Act 2021 Section 636(1)﻿(e) repealed 16 December 2021 section 9(2) Education and Training Amendment Act 2021 Section 636(2) amended 16 December 2021 section 9(3) Education and Training Amendment Act 2021 Section 636(2)﻿(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 636(2)﻿(h) amended 1 August 2022 section 63 Education and Training Amendment Act 2022 Section 636(4)﻿(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 636(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 636(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
637: Regulations relating to certifying playgroups
1: The Governor-General may, by Order in Council, make regulations for certifying playgroups.
2: The regulations may—
a: prescribe, for the purpose of ensuring the health, comfort, care, education, and safety of children attending certified playgroups, minimum standards relating to—
i: premises and facilities:
ii: programmes of education, practices in relation to children's learning and development, and implementation of the curriculum framework:
iii: staff and parent and caregiver participation (including adult-to-child ratios):
iv: health and safety:
v: practices in relation to behaviour management and limits on the use of physical restraint:
vi: communication and consultation with parents:
vii: the operation and administration of playgroups:
b: authorise the Minister, after consultation with those organisations that appear to the Minister to be representative of persons likely to be substantially affected by the regulations, to prescribe criteria to be used by the Secretary to assess compliance with the minimum standards imposed by the regulations:
c:
d: limit or regulate the number of children who may attend certified playgroups:
e: provide for the grant, duration, expiry, renewal, suspension, transfer, reclassification, and cancellation of certificates of 1 or more specified kinds for playgroups, and prescribe the conditions under which certificates may be granted, renewed, or transferred and the fees payable in respect of the grant, renewal, or transfer of the certificates:
f: prescribe conditions governing certified playgroups and the duties of their service providers:
g: prescribe the records to be kept by the service provider in respect of children attending certified playgroups:
h: regulate the qualifications to be held by any specified number or proportion of persons responsible for—
i: the control and management of a certified playgroup:
ii: the education and care of children attending a certified playgroup:
i: provide for transitional matters not dealt with in this Act.
3: Criteria prescribed by the Minister for use in assessing compliance with minimum standards imposed by regulations made under this section—
a: may differ in any way, including (without limitation) providing for—
i: different kinds of certificates; and
ii: different minimum standards.
b:
4: Regulations under this section are secondary legislation ( see Part 3
5: If the regulations authorise the Minister under subsection (2)﻿(b) to prescribe criteria,—
a: an instrument that prescribes the criteria is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 1989 No 80 s 319 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 637(2)﻿(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 637(3)﻿(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 637(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 637(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
638: Regulations relating to how schools must be run
1: The Governor-General may, by Order in Council, make regulations providing for the control, management, organisation, conduct, and administration of schools.
2: Without limiting subsection (1), the regulations
a: provide differently for different classes or descriptions of schools:
b: give powers to, or impose duties on, boards or principals (or both):
c: prescribe processes and procedures in respect of boards:
d: provide for the development of enrolment schemes
e: provide for when schools must be open and closed for instruction:
f: provide for the circumstances in which the Secretary may direct that a student be enrolled at a school.
3: Regulations made under this section prescribing a course of study may not restrict the method by or manner in which any subject forming part of the course is to be taught, except to the extent necessary to ensure that the teaching of the subject is consistent with the general aims of the course.
4: Regulations under this section are secondary legislation ( see Part 3 1989 No 80 s 78 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 638(2) amended 16 December 2021 section 14 Education and Training Amendment Act 2021 Section 638(2)﻿(d) amended 16 December 2021 section 14 Education and Training Amendment Act 2021 Section 638(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
639: Regulations relating to planning, implementation, monitoring, and reporting for schools and boards
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: developing school strategic plans under sections 138 to 144
b: monitoring and reporting on a board’s performance under section 145
c: monitoring and reporting on the performance of a school’s students under section 165
d: preparing and delivering statements of variance and annual reports under section 134
2: Without limiting subsection (1)
a: the form of school strategic plans:
b: matters that must be dealt with in plans:
c: when plans must be prepared or submitted:
d: requirements for consultation in the development and implementation of plans:
e: requirements for how and when plans are amended or expire:
f: the information that must be included in a statement of variance under section 134(1)﻿(a)
g: the form of statements of variance:
h: the information that must be included in an annual report under section 134(2)﻿(a)
i: the form and content of annual reports, including financial statements:
j: the form of reports on the performance of a school’s students:
k: the information that must be included in reports on the performance of a school’s students:
l: any other matters contemplated by, or necessary for giving full effect to, any of the following provisions:
i: section 90(1)﻿(c)
ii: section 165
iii: sections 134 to 136
iv: sections 138 to 145
3: Regulations under this section are secondary legislation ( see Part 3 1989 No 80 s 118A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 639(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
640: Regulations relating to board elections and appointments
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a:
b: prescribing the manner in which board members may be elected, co-opted, or appointed:
c: prescribing a board member’s term of office and providing for vacancies in board membership:
d: prescribing the manner in which returning officers are to be appointed for the purposes of an election of board members.
2: Without limiting subsection (1), the regulations
a: provide for persons who are forbidden to participate in 2 elections to choose the election in which they prefer to stand or vote, or both; and
b: provide for persons who do not exercise their choice within the time or in the manner provided for to be restricted to standing or voting, or both, in only 1 election; and
c: require a person who has chosen or been restricted to 1 election to continue to be restricted to elections of the kind concerned if elections are later held to fill casual vacancies.
3: A person who has been nominated for election to a board is not eligible to be appointed returning officer for the election.
4: Regulations under this section are secondary legislation ( see Part 3 1989 No 80 s 118 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 640(1)﻿(a) repealed 16 December 2021 section 14 Education and Training Amendment Act 2021 Section 640(2) amended 16 December 2021 section 14 Education and Training Amendment Act 2021 Section 640(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
641: Regulations relating to imposition of export education levy
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations imposing an export education levy on signatory providers who receive tuition fees from international students enrolled with them.
2: Without limiting subsection (1)
a: prescribe the amount or the method of calculating the amount (or both) of export education levy payable by individual signatory providers, and may prescribe different amounts, or different methods of calculating the amounts, payable by different classes of signatory provider; and
b: prescribe when the levy, or any part of the levy, is payable; and
c: designate an agency to administer the levy and, if that agency is the Ministry, may authorise the Ministry to delegate all or specified aspects of the levy’s collection and use to another body; and
d: require a signatory provider to supply, on request by the agency responsible for the administration of the levy, information about student numbers or any other matter that is necessary to determine or verify the amount of levy payable by the signatory provider.
3: Before making a recommendation under subsection (1)
4: Regulations under this section are secondary legislation ( see Part 3 1989 No 80 s 238Q The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 641(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
642: Regulations relating to school risk management schemes
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the establishment of a school risk management scheme:
b: defining accidental loss or damage and other terms for the purposes of the regulations:
c: setting out the scope of the indemnity that may be given by the Crown, including any exclusions:
d: setting out the procedure for lodging claims and their determination:
e: listing the kinds of costs that the Crown may deduct from money payable under the scheme to a participating board:
f: providing for the manner in which the parties may withdraw from the scheme:
g: providing for the manner in which the scheme may be varied, replaced, or terminated.
2: Regulations under this section are secondary legislation ( see Part 3 1989 No 80 s 78F The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 642(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
643: Regulations relating to school hostels
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: adopting minimum standards that apply to hostel premises and facilities:
b: adopting codes of practice relating to the management of hostels:
c: creating offences for failing to comply with minimum standards or codes of practice adopted by regulations, and providing for a penalty on conviction for any offence to be a fine not exceeding $10,000:
d: providing for exemptions from the application of minimum standards or codes of practice:
e: prescribing a system of licensing for hostels, which may include provisions—
i: providing for different sorts of licences:
ii: setting out the conditions to be met before a licence may be issued:
iii: prescribing the circumstances in which conditions may be imposed on a licence:
iv: setting out the conditions or types of conditions that may attach to a licence:
v: prohibiting students from boarding at an unlicensed hostel:
vi: prohibiting the payment of a boarding bursary, or any government subsidy relating to the cost of boarding at a hostel, in respect of a student boarding at an unlicensed hostel:
vii: creating offences for failure to comply with any or all licence conditions, and providing for a penalty on conviction for any offence to be a fine not exceeding $10,000:
viii: providing for the suspension or cancellation of any licence:
ix: establishing a licensing body:
x: prescribing fees payable on application for, or renewal of, a licence, and for the return or refund of any fees in specified circumstances:
f: establishing a procedure for complaints about hostels by students, parents, and boards:
g: providing for matters relating to the inspection of hostels and the authorisation of persons to inspect hostels:
h: providing for any other matters necessary or expedient for giving effect to the purpose described in section 630
2: Regulations made under subsection (1)
3: Regulations under this section are secondary legislation ( see Part 3 1989 No 80 s 144C The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 643(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
644: Regulations relating to dispute resolution panels
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: establishing 1 or more dispute resolution panels for the purpose of subpart 9
b: prescribing criteria for the appointment and removal of dispute resolution panel members:
c: prescribing the maximum number of members that may be appointed to a dispute resolution panel and specifying the number of panel members who must be local community members and expert members:
d: in relation to the Chief Referee and any deputy chief referees,—
i: prescribing further criteria for appointment:
ii: prescribing criteria for removal:
iii: specifying the term of office:
e: providing for the Chief Referee or a dispute resolution panel to receive, obtain, or use any specified information that is reasonably required for the purpose of performing or exercising their functions, duties, and powers under subpart 9
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 644(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
645: Regulations relating to student allowances
1: The Governor-General may, by Order in Council, make regulations for the purposes of Schedule 9
a: courses of education or training within New Zealand; and
b: secondary and tertiary level courses of education inside and outside New Zealand.
2: Every student allowance must—
a: be awarded in accordance with the regulations establishing it; and
b: have an annual or other value set out in it.
3: The regulations may, in relation to the payment of student allowances for courses of study at private schools or private training establishments, apply to—
a: all of those schools or establishments; or
b: schools or establishments of a specified class or description only; or
c: particular schools or establishments.
4: The regulations may require officials of institutions at which any student allowance established by the regulations is or has been payable to give the chief executive 1 or both of the following:
a: information about payments made under the regulations to or in respect of recipients enrolled or formerly enrolled at the institution:
b: statistical or other information relating to payments made under the regulations to or in respect of recipients enrolled or formerly enrolled at the institution, whether—
i: in general; or
ii: in relation to recipients of a particular class or description; or
iii: in relation to a particular recipient or particular recipients.
5: The regulations may be expressed to come into force, and may come into force, before the date on which they are made, but only if they—
a: increase the value or maximum value of any allowance, or the rate or maximum rate at which any allowance may be paid; or
b: extend the class or classes of persons entitled to be paid an allowance, or entitled to be paid an allowance at any particular rate.
6: The regulations must adjust the rates of student allowances (except the rates of allowances provided for accommodation benefit) as at 1 April each year so that in each case the new rate (after the deduction of standard tax) is the rate at that date (after the deduction of standard tax and before the adjustment under this section is made) adjusted by an amount equal to the percentage movement upwards in the CPI between the CPI for the quarter ended with 31 December 1 year before the immediately preceding 31 December and the CPI for the quarter ended with the immediately preceding 31 December.
7: The adjustments may not reduce the weekly amounts of student allowances payable.
8: The adjustments come into force, or are considered to have come into force, on 1 April of the calendar year in which they are made, and apply to student allowances payable on and after that date.
9: The power to make regulations under this section includes (and is to be treated as always having included) power to make regulations—
a: authorising the chief executive of MSD, for the purposes of assessing the eligibility of any person for an allowance, to take into account the income of that person's parents, spouse, or partner:
b: defining parent, spouse, and partner, and any related terms, for the purposes of the regulations:
c: stating when and to what extent income referred to in paragraph (a)
9A: Regulations under this section—
a: are secondary legislation ( see Part 3
b: commence in accordance with subsections (5) to (8), even if they are not yet published.
10: In this section,— CPI standard tax Schedule 5 1989 No 80 ss 303 307 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 645(9A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 645(10) CPI replaced 1 September 2022 section 107(1) Data and Statistics Act 2022
646: Regulations relating to Student Allowance Appeal Authorities
1: The Governor-General may, by Order in Council, make regulations for the purposes of Schedule 10
a: appeals are to be made to a Student Allowance Appeal Authority; and
b: a Student Allowance Appeal Authority is to deal with appeals and conduct its proceedings.
2: A Student Allowance Appeal Authority may regulate its procedures as it thinks fit, subject to—
a: this Act and any regulations made under it; and
b: any practice notes issued under clause 6
3: The Ministry of Justice must provide for all the Student Allowance Appeal Authorities all administrative and secretarial services necessary to enable them to perform their functions.
4: Regulations under this section are secondary legislation ( see Part 3 1989 No 80 s 306 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 646(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
647: Regulations relating to charging by TEC
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing the criteria against which TEC must assess a breach to determine the nature and seriousness of the breach for the purposes of section 417(5)
b: prescribing the criteria against which TEC must assess a proposed fee to determine, for the purposes of section 417(5)
c: specifying the maximum percentage or proportion of the cost incurred by TEC in its investigation that may be charged as a fee by TEC under section 417(3)
2: Before making a recommendation under subsection (1)
3: Regulations under this section are secondary legislation ( see Part 3 1989 No 80 s 159E(6), (7) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 647(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
647A: Regulations relating to contracts of enrolment
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that set out the following requirements:
a: requirements for the form, content, and scope of contracts of enrolment:
b: requirements for the supply of information to students regarding the rights and responsibilities of the parties to a contract of enrolment.
2: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 647A inserted 1 August 2022 section 64 Education and Training Amendment Act 2022
648: Regulations relating to
well-being and safety
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations in relation to the following matters:
a: prescribing the matters that providers and signatory providers must take into account when assessing whether a person working in student accommodation is of good character under section 540A
b: dispute resolution schemes relating to the well-being and safety
i: establishing the schemes:
ii: providing rules for the schemes:
iii: prescribing fees for the schemes:
iv: setting caps on the amounts that those found liable must pay to claimants:
v: prescribing annual reporting requirements for a DRS operator, including in relation to the publication of reports.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 648 heading amended 1 August 2022 section 65(1) Education and Training Amendment Act 2022 Section 648(1)﻿(a) replaced 1 August 2022 section 65(2) Education and Training Amendment Act 2022 Section 648(1)﻿(b) amended 1 August 2022 section 65(3) Education and Training Amendment Act 2022 Section 648(1)﻿(b)﻿(v) inserted 1 August 2022 section 65(4) Education and Training Amendment Act 2022 Section 648(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
649: Regulations relating to national student numbers
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations identifying any agency or body as a specified user of national student numbers.
2: Before making a recommendation under subsection (1)
3: Regulations under this section are secondary legislation ( see Part 3 1989 No 80 s 347 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 649(1) replaced 16 December 2021 section 14 Education and Training Amendment Act 2021 Section 649(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
650: Regulations relating to State integrated schools
1: The Governor-General may, by Order in Council, make regulations for the following purposes:
a: prescribing a form of integration agreement:
b: providing for the control, management, organisation, finance, and conduct of State integrated schools.
2: If there is a conflict between regulations made under this section and regulations made under another provision of this Act or any enactment repealed by this Act, the regulations made under this section prevail.
3: Regulations under this section are secondary legislation ( see Part 3 1989 No 80 s 476 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 650(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
651: Regulations relating to composite schools
1: If a provision of this Act empowers the making of regulations relating to State primary or secondary schools or both, or to the staff or students of State primary or secondary schools or both, any regulations made under those provisions may be limited in their application to—
a: composite schools or composite schools of any specified class; or
b: staff or students of composite schools or composite schools of any specified class.
2: Subject to any regulations to which subsection (1)
a: a State primary school were a reference to those classes and courses in that composite school providing primary education; and
b: a State secondary school were a reference to those classes and courses in the composite school providing secondary education. 1964 No 135 s 87
652: General regulations
1: The Governor-General may, by Order in Council, make regulations providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 1989 No 80 s 301 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 652(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Directions
653: Application and purpose of sections 654 to 658
1: Sections 654 to 658
a: a state of emergency is declared under section 66 68
b: a transition period is notified under section 94A
c: an epidemic notice is in force under section 5
2: The purpose of sections 654 to 658
a: avoids, remedies, or mitigates the actual or potential adverse effects of the emergency or epidemic; and
b: facilitates co-ordinated processes among education entities and government agencies. 1989 No 80 s 476A
654: Power of Secretary to direct education entities
1: The Secretary may direct the governing body of an education entity (or the governing bodies of a class of education entities) to comply with any specified requirements—
a: to close or open the education entity or any part of it (including in relation to any specified category, class, or year group of students):
b: to close or open the education entity for physical attendance or instruction, or both:
c: to set restrictions on the attendance of students and those working at an education entity, having regard to any relevant employment or health and safety legislation:
d: to operate, control, or manage the education entity:
e: to provide education or instruction through the education entity in any specified ways.
2: The Secretary may renew, amend, or revoke a direction while the relevant state of emergency, transition period, or epidemic notice is in force.
3: .
4: A direction, or a renewal, an amendment, or a revocation of a direction, under this section—
a: is secondary legislation ( see Part 3
b: comes into force when it is made or at a later date specified in it, even if it is not yet published. 1989 No 80 s 476C The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, the Ministry Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 654(3) repealed 1 January 2023 section 669(1)﻿(a) Section 654(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
655: Effect of directions
1: Every education entity to which a direction applies must give effect to the direction on the date on which the direction is given or on any later date that is specified in the direction.
2: A direction overrides every other provision of this Act (apart from the provisions set out in sections 653 to 658
3: However, a direction does not override the provisions of any other Act, including (without limitation) the Civil Defence Emergency Management Act 2002 Epidemic Preparedness Act 2006 Health Act 1956 Health and Safety at Work Act 2015 1989 No 80 s 476D
656: Publication of directions
Section 656 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
657: Expiry of directions
A direction expires on the earlier of—
a: the expiry date specified in the direction:
b: the date on which the relevant state of emergency, transitional period, or epidemic notice ends. 1989 No 80 s 476E(2)
658: Academic freedom unaffected
Nothing in sections 653 to 657
a: an institution other than Te Pūkenga—New Zealand Institute of Skills and Technology section 267
b: Te Pūkenga—New Zealand Institute of Skills and Technology section 318 1989 No 80 s 476F Section 658(a) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020 Section 658(b) amended 25 September 2020 clause 4(1) Education (Name Change for NZIST) Order 2020
659: Power of boards to close schools
1: Despite anything in Schedule 21
2: The Secretary may, by written notice to the board, reduce the number of half-days for which a school would otherwise be required by clause 1
3: The Secretary may direct a board to reopen a school if the Secretary, after consulting the board and any other parties that the Secretary considers relevant, is satisfied that the closure is no longer justified.
4: A board may not close a school if the Secretary has issued a direction under section 654 1989 No 80 s 65E
8: Offences
660: Offence relating to attempt to influence employer
1: A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if the person directly or indirectly solicits or endeavours to influence, with respect to decisions on the matters described in section 602
2: This section does not apply to a person giving information or advice or making representations to the employer or to any other person acting under a delegation from the employer in respect of any matter at the request or invitation of the employer or to any other person acting under a delegation.
3: Nothing in this section is to be construed so as to prevent any union from making representations to the employer or to any other person acting under a delegation from the employer on any matter affecting the salaries, wages, or conditions of employment of any employees who are members of that union. 1988 No 20 s 76
661: Offences relating to national student numbers
1: A specified user commits an offence, and is liable on conviction to a fine not exceeding $15,000, if the specified user uses or discloses a person’s national student number otherwise than—
a: in accordance with the authorisations under this Act or any regulations made under this Act that apply to that user; or
b: as required by section 141 section 137 138
2: A person ( person A person B 1989 No 80 s 346
662: Offences relating to false representations
1: A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if the person—
a: makes a statement to the Teaching Council about the person's qualifications or experience that would be perjury if made on oath in judicial proceedings; or
b: not being a registered teacher, uses, or permits to be used, in connection with the person's name or business, the words “registered teacher”, or any words or initials intended or likely to make any other person believe that the person is a registered teacher; or
c: wilfully makes, or causes to be made, a false entry in, or falsification of, the register or a practising certificate; or
d: falsely represents a document that is not a practising certificate to be a practising certificate; or
e: falsely represents a document that is not a limited authority to teach to be a limited authority to teach; or
f: is appointed to or continues to be employed in a position, knowing that the appointment or employment is contrary to section 92 93
g: being the employer of a person to whom section 95(1)
h: being the employer of a person to whom section 95(1)
i: being a person to whom section 95(1)
j: being a person who holds neither a practising certificate nor a limited authority to teach, in any calendar year continues in the employment of an employer in a teaching position after the sum of the following periods is 20 half-days, or any greater number of half-days the Teaching Council has allowed that person (each being a half-day on which a school or an early childhood education and care service at which the person was then employed was open for instruction):
i: the period or periods for which that person has already during that year been employed by the employer in a teaching position or teaching positions; and
ii: any period or periods for which that person has already during that year been employed by any other employer in a teaching position or teaching positions; and
iii: any period or periods for which that person has during that year been employed as a teacher by the employer at an early childhood education and care service; or
k: being a person who holds neither a practising certificate nor a limited authority to teach, in any calendar year continues in the employment of the employer at an early childhood education and care service as a teacher after the sum of the following periods is 20 half-days, or any greater number of half-days the Teaching Council has allowed that person (each being a half-day on which an early childhood education and care service or a school at which the person was then employed was open for instruction):
i: the period or periods for which that person has already during that year been employed by the employer as a teacher; and
ii: any period or periods for which that person has already during that year been employed by an employer at any other early childhood education and care service as a teacher; and
iii: any period or periods for which that person has during that year been employed in a teaching position by the employer at a State school.
2: A person commits an offence, and is liable on conviction to a fine not exceeding $5,000, if the person appoints any person to a position, or continues to employ any person in a position, knowing that the appointment or employment is contrary to section 92 93 1989 No 80 s 374
663: Offence relating to obstructing power of entry
A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if the person obstructs, hinders, resists, or deceives any person exercising or attempting to exercise a power of entry conferred by section 626 627 1989 No 80 s 319H
664: Offence relating to inspection of hostels
A person in charge (or apparently in charge) of a hostel commits an offence, and is liable on conviction to a fine not exceeding $5,000, if the person fails, without reasonable excuse, to comply with section 631(3) 1989 No 80 s 144D(3)
665: Offence relating to powers of entry and inspection
A person commits an offence, and is liable on conviction to a fine not exceeding $10,000, if the person obstructs, hinders, resists, or deceives any person exercising or attempting to exercise a power of entry conferred by section 634(1) section 634A(1) 1989 No 80 s 255A(4) Section 665 amended 1 August 2022 section 66 Education and Training Amendment Act 2022
666: Offence relating to breach of order of Student Allowance Appeal Authority
A person who breaches an order that a Student Allowance Appeal Authority makes under clause 5(8) 1989 No 80 s 305(8)
9: Consequential amendments, repeals, and revocations
667: Consequential amendments to this Act
1:
2:
3: On 1 December 2020,—
a: in section 89(1)﻿(f) 1993 2020
b: in Schedule 3 1993 2020
c: in Schedule 3 1993 2020
4: On 1 December 2020, in Schedule 3 clause 9(3)
(4): On or after 1 December 2020, no information may be supplied under this clause except under—
a: an information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or
b: an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020.
5: On 1 December 2020, in Schedule 9 subclause (2)
(2): On or after 1 December 2020, no information may be supplied under this clause except under—
a: an information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or
b: an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020.
6: On 1 December 2020,—
a: in Schedule 9 may, in accordance with arrangements under the Privacy Act 1993 previously agreed between the chief executive and any institution or, if they are unable to agree, settled by the Privacy Commissioner, by notice in writing or electronically may, by notice in writing or electronically,
b: in Schedule 9 chief executive under the Privacy Act 2020
c: in Schedule 9
i: replace Section 104 of the Privacy Act 1993 Section 182 of the Privacy Act 2020
ii: replace section 104(2)﻿(a), (d), or (e) of the Privacy Act 1993 section 182(2)﻿(a), (d), or (e) of the Privacy Act 2020
7: On 1 December 2020, in Schedule 9 clause 8(8)
(9): On or after 1 December 2020, no information may be supplied under this clause except under—
a: an information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or
b: an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020.
8: On 1 December 2020,—
a: in Schedule 9 may, in accordance with arrangements under the Privacy Act 1993 previously agreed between the chief executive and any institution or, if they are unable to agree, settled by the Privacy Commissioner, by notice in writing or electronically may, by notice in writing or electronically,
b: in Schedule 9 chief executive under the Privacy Act 2020
c: in Schedule 9
i: replace Section 104 of the Privacy Act 1993 Section 182 of the Privacy Act 2020
ii: replace section 104(2)﻿(a), (d), or (e) of the Privacy Act 1993 section 182(2)﻿(a), (d), or (e) of the Privacy Act 2020
9: On 1 December 2020, in Schedule 9 clause 9(8)
(9): On or after 1 December 2020, no information may be supplied under this clause except under—
a: an information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or
b: an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020. 2023-01-01 Education and Training Act 2020 Section 667(1) 2022-01-01 Education and Training Act 2020 Section 667(2) 2020-12-01 Education and Training Act 2020 Section 667(3), (4), (5), (6), (7), (8), (9) Section 667(1) repealed 16 December 2021 section 10 Education and Training Amendment Act 2021 Section 667(2) repealed 16 December 2021 section 10 Education and Training Amendment Act 2021
668: Consequential amendments to other enactments
Amend the enactments specified in Parts 1 to 3 of Schedule 26 2023-01-01 Crown Entities Act 2004 Part 2 of Schedule 26 (see s 2(2)) 2020-08-01 Accident Compensation Act 2001 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 Building Act 2004 Care and Support Workers (Pay Equity) Settlement Act 2017 Central North Island Forests Land Collective Settlement Act 2008 Child Support Act 1991 Children’s Act 2014 Climate Change Response Act 2002 Contract and Commercial Law Act 2017 Copyright Act 1994 Corrections Act 2004 Crimes Act 1961 Crown Entities Act 2004 Customs and Excise Act 2018 Dilworth Trustees Empowering Act 1983 Electoral Act 1993 Employment Relations Act 2000 Equal Pay Act 1972 Estate and Gift Duties Act 1968 Family Violence Act 2018 Finance Act (No 2) 1992 Financial Advisers Act 2008 Fire and Emergency New Zealand Act 2017 Food Act 2014 Goods and Services Tax Act 1985 Government Superannuation Fund Act 1956 Harmful Digital Communications Act 2015 Health Act 1956 Health and Safety at Work Act 2015 Heretaunga Tamatea Claims Settlement Act 2018 Hineuru Claims Settlement Act 2016 Human Rights Act 1993 Immigration Act 2009 Income Tax Act 2007 Intelligence and Security Act 2017 Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Act 2018 Kitchener Memorial Scholarship Trust Act 1941 Legislation Act 2012 Legislation Act 2019 Lincoln University Act 1961 Local Authorities (Members' Interests) Act 1968 Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Local Government (Rating) Act 2002 Maori Fisheries Act 2004 Maori Soldiers Trust Act 1957 Maraeroa A and B Blocks Claims Settlement Act 2012 Massey University Act 1963 Maungaharuru-Tangitū Hapū Claims Settlement Act 2014 Methodist Charitable and Educational Trusts Act 1911 Music Teachers Act 1981 New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 Ngaa Rauru Kiitahi Claims Settlement Act 2005 Ngāi Tahu Claims Settlement Act 1998 Ngāi Tai ki Tāmaki Claims Settlement Act 2018 Ngai Tāmanuhiri Claims Settlement Act 2012 NgāiTakoto Claims Settlement Act 2015 Ngāruahine Claims Settlement Act 2016 Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Act 2014 Ngāti Apa (North Island) Claims Settlement Act 2010 Ngāti Awa Claims Settlement Act 2005 Ngāti Hauā Claims Settlement Act 2014 Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014 Ngāti Koroki Kahukura Claims Settlement Act 2014 Ngāti Kuri Claims Settlement Act 2015 Ngāti Mākino Claims Settlement Act 2012 Ngāti Manawa Claims Settlement Act 2012 Ngāti Manuhiri Claims Settlement Act 2012 Ngāti Mutunga Claims Settlement Act 2006 Ngāti Pāhauwera Treaty Claims Settlement Act 2012 Ngati Porou Claims Settlement Act 2012 Ngāti Pūkenga Claims Settlement Act 2017 Ngāti Rangi Claims Settlement Act 2019 Ngāti Rangiteaorere Claims Settlement Act 2014 Ngāti Rangiwewehi Claims Settlement Act 2014 Ngati Ruanui Claims Settlement Act 2003 Ngati Tama Claims Settlement Act 2003 Ngati Tamaoho Claims Settlement Act 2018 Ngati Toa Rangatira Claims Settlement Act 2014 Ngāti Tūrangitukua Claims Settlement Act 1999 Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 Ngāti Tūwharetoa Claims Settlement Act 2018 Ngāti Whare Claims Settlement Act 2012 Ngāti Whātua o Kaipara Claims Settlement Act 2013 Ngāti Whātua Ōrākei Claims Settlement Act 2012 Ngatikahu ki Whangaroa Claims Settlement Act 2017 Official Information Act 1982 Ombudsmen Act 1975 Oranga Tamariki Act 1989 Overseas Investment Act 2005 Parental Leave and Employment Protection Act 1987 Plumbers, Gasfitters, and Drainlayers Act 2006 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 Pouakani Claims Settlement Act 2000 Privacy Act 1993 Privacy Act 2020 Prohibition of Gang Insignia in Government Premises Act 2013 Public and Community Housing Management Act 1992 Public Audit Act 2001 Public Bodies Contracts Act 1959 Public Works Act 1981 Rangitāne o Manawatu Claims Settlement Act 2016 Rangitāne Tū Mai Rā (Wairarapa Tamaki nui-ā-Rua) Claims Settlement Act 2017 Raukawa Claims Settlement Act 2014 Real Estate Agents Act 2008 Reserves and Other Lands Disposal Act 1979 Reserves and Other Lands Disposal Act 1993 Reserves and Other Lands Disposal Act 1995 Reserves, Endowments, and Crown and Maori Lands Exchange, Sale, Disposal, and Enabling Act 1898 Residential Tenancies Act 1986 Rongowhakaata Claims Settlement Act 2012 Rotorua High Schools Board Empowering Act 1979 Smoke-free Environments Act 1990 Social Security Act 2018 State Sector Act 1988 Student Loan Scheme Act 2011 Summary Offences Act 1981 Tapuika Claims Settlement Act 2014 Taranaki Iwi Claims Settlement Act 2016 Taranaki Scholarships Trust Board Act 1957 Tax Administration Act 1994 Te Atiawa Claims Settlement Act 2016 Te Aupouri Claims Settlement Act 2015 Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 Te Kawerau ā Maki Claims Settlement Act 2015 Te Rarawa Claims Settlement Act 2015 Te Roroa Claims Settlement Act 2008 Te Urewera Act 2014 Te Uri o Hau Claims Settlement Act 2002 Thames Boys' and Girls' High School Act 1878 Treaty of Waitangi Act 1975 Trusts Act 2019 Tūhoe Claims Settlement Act 2014 University of Auckland Act 1961 University of Canterbury Act 1961 University of Waikato Act 1963 Veterans' Support Act 2014 Victoria University of Wellington Act 1961 Waikato Raupatu Claims Settlement Act 1995 Waitaha Claims Settlement Act 2013 Wanganui High School Act 1878 Part 1 of Schedule 26 2020-08-01 Accident Compensation (Experience Rating) Regulations 2019 Accident Compensation (Work Account Levies) Regulations 2019 Accident Insurance (“Counsellor”) Regulations 1999 Building (Accreditation of Building Consent Authorities) Regulations 2006 Courts Security Regulations 2019 Crown Entities (Financial Powers) Regulations 2005 Education (2019 School Staffing) Order 2018 Education (2020 School Staffing) Order 2019 Education (Early Childhood Services) Regulations 2008 Education (Education Review Office Authorised to Use National Student Numbers) Regulations 2019 Education (Export Education Levy) Regulations 2011 Education (Hostels) Regulations 2005 Education (Ministry of Social Development Authorised to Use National Student Numbers) Regulations 2012 Education (Payment of Relieving Teachers) Order 2012 Education (Playgroups) Regulations 2008 Education (Refund Requirements for International Students) Notice 2012 Education (Registration of Early Childhood Services Teachers) Regulations 2004 Education (School Attendance) Regulations 1951 Education (School Risk Management Scheme) Regulations 2003 Education (School Trustee Elections) Regulations 2000 Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 Education (Statistics New Zealand Authorised to Use National Student Numbers) Regulations 2008 Education (Surrender, Retention, and Search) Rules 2013 Education (Tertiary Education—Criteria Permanent Residents Studying Overseas must Satisfy to be Domestic Students) Regulations 2016 Electronic Identity Verification Regulations 2013 Engine Drivers' Examination Regulations 1952 Health and Safety at Work (Adventure Activities) Regulations 2016 Health and Safety at Work (Hazardous Substances) Regulations 2017 Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016 Health Entitlement Cards Regulations 1993 Health (Immunisation) Regulations 1995 International Student Contract Dispute Resolution Scheme Rules 2016 Land Transport (Offences and Penalties) Regulations 1999 Lawyers and Conveyancers Act (Conveyancers: Registration and Practice) Regulations 2008 Legal Services Regulations 2011 Minimum Wage Order 2020 National Civil Defence Emergency Management Plan Order 2015 Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018 Oranga Tamariki (Residential Care) Regulations 1996 Outer Space and High-altitude Activities (Definition of High-altitude Vehicle) Regulations 2017 Privacy (Information Sharing Agreement between Inland Revenue and Ministry of Social Development) Order 2017 Privacy (Information Sharing Agreement between Ministry of Social Development and New Zealand Customs Service) Order 2019 Privacy (Information Sharing Agreement between New Zealand Gang Intelligence Centre Agencies) Order 2018 Private Security Personnel and Private Investigators (Minimum Training) Regulations 2013 Social Security Regulations 2018 Social Security (Support for Children in Hardship—Transitional Subsidy) Regulations 2016 State Sector (Employees of Boards of Waihopai School and Ruru Special School) Order 2006 Student Allowances Regulations 1998 Teaching Council of Aotearoa New Zealand Election Rules 2018 Teaching Council Rules 2016 United World Colleges Scholarships Regulations 1980 Part 3 of Schedule 26
669: Repeals and revocations
1: The following provisions of this Act are repealed on 1 January 2023:
a: section 654(3) Schedule 25
b:
c: Schedule 21
d:
e: Schedule 25
2:
3: The following are repealed:
a: Education Act 1964
b: Education Act 1989
c: Education Law Amendment Act 1933
d: Education Legislation Act 2016
e: Education Standards Act 2001
f: Education (Update) Amendment Act 2017
g: Parts 7 7A 7B
4: The legislative instruments specified in Part 4 of Schedule 26 2023-01-01 Education and Training Act 2020 Section 669(1) 2022-01-01 Education and Training Act 2020 Section 669(2) 2020-08-01 Education Act 1964 Education Act 1989 Education Law Amendment Act 1933 Education Legislation Act 2016 Education Standards Act 2001 Education (Update) Amendment Act 2017 State Sector Act 1988 Section 669(3) 2020-08-01 Auckland Institute of Technology Disestablishment and Incorporation into Auckland University of Technology Order 1999 Central Institute of Technology Disestablishment and Incorporation into Wellington Institute of Technology Order 2001 Education Amendment Act 2015 Commencement Order 2015 Education Amendment Act 2015 Commencement Order 2016 Education (Date Members of Teaching Council Take Office) Order 2019 Education (Disestablishment of Auckland College of Education and Incorporation into University of Auckland) Order 2004 Education (Disestablishment of Christchurch College of Education and Incorporation into University of Canterbury) Order 2006 Education (Disestablishment of Dunedin College of Education and Incorporation into University of Otago) Order 2006 Education (Disestablishment of Telford Rural Polytechnic and Incorporation in Lincoln University) Order 2010 Education (Disestablishment of Wellington College of Education and Incorporation into Victoria University of Wellington) Order 2004 Education (Extension of Application Period) Order 2018 Wairarapa Community Polytechnic Disestablishment and Incorporation into Universal College of Learning Order 2000 Wanganui Regional Community Polytechnic Disestablishment and Incorporation into Universal College of Learning Order 2001 Section 669(4) Section 669(1)﻿(b) repealed 16 December 2021 section 11(1) Education and Training Amendment Act 2021 Section 669(1)﻿(d) repealed 16 December 2021 section 11(1) Education and Training Amendment Act 2021 Section 669(2) repealed 16 December 2021 section 11(2) Education and Training Amendment Act 2021