Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018

1: Title
This Act is the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Education Act 1989 principal Act 2018-09-29 Education Act 1989
1: Amendments to principal Act
4: Section 348 amended (Interpretation)
1: In section 348 Education Council
2: In section 348 Teaching Council section 379(1)
5: Section 379 amended (Education Council of Aotearoa New Zealand established)
1: Replace the heading to section 379 Continuation and renaming of Council
2: Replace section 379(1)
1: The body called the Education Council of Aotearoa New Zealand—
a: is continued; and
b: is renamed the Teaching Council of Aotearoa New Zealand.
6: Section 380 replaced (Composition of Education Council)
Replace section 380
380: Composition of Teaching Council
1: The Teaching Council comprises 13 members as follows:
a: 6 members appointed by the Minister in accordance with clause 1 of Schedule 21
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 must appoint one of the members appointed or elected under this section as chairperson.
4: The elected members of the Teaching Council must be nominated and elected in accordance with rules made under section 388.
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)
380A: Term of office
1: The term of office of every member is 3 years and—
a: an appointed member may be reappointed for 2 more terms; and
b: an elected member may be re-elected for 2 more terms.
2: The term of office of all members—
a: begins at the same time (when the term of office of their immediate predecessors expires); and
b: ends at the same time (when their term of office expires).
380B: Removal of members
1: The Minister may remove an appointed member of the Teaching Council under clause 3(1) of Schedule 21.
2: The Minister may remove an elected member of the Teaching Council under clause 3(1A) of Schedule 21
7: Section 388 amended (Education Council to make rules)
Before section 388(1)﻿(a)
aaa: the conduct of elections for electing members to the Teaching Council, including the election process; and
8: Schedule 1 amended
In Schedule 1, after Part 5A Part 5B Schedule 1
9: Schedule 21 amended
1: In the Schedule 21 Education Teaching
2: In Schedule 21, replace clause 1 Schedule 2
3: In Schedule 21, after clause 2(f)
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.
4: In Schedule 21, after clause 2
2: Subclause (1)﻿(g)﻿(ii) and (iv)
5: In Schedule 21, after clause 3(1)
1A: The Minister may, after consulting the Teaching Council, remove an elected member of the Teaching Council for just cause.
6: In Schedule 21, clause 3(2) revocation or removal
7: In Schedule 21, clause 4(1) is appointed or elected
8: In Schedule 21, after clause 4
4A: Extraordinary vacancies
1: An extraordinary vacancy occurs when a member dies or ceases to hold office.
2: If an extraordinary vacancy occurs within 6 months of the expiry of the vacating member’s term,—
a: the Minister, in the case of an appointed member, may—
i: appoint a replacement; or
ii: leave the vacancy open:
b: the Teaching Council, in the case of an elected member, may—
i: appoint a replacement; or
ii: leave the vacancy open.
3: If an extraordinary vacancy occurs more than 6 months before the expiry of the vacating member’s term,—
a: the Minister, in the case of an appointed member, must appoint a replacement:
b: the Teaching Council, in the case of an elected member, must—
i: appoint a replacement; or
ii: hold an election for a replacement.
4: A person appointed or elected to fill an extraordinary vacancy holds office only for the remainder of the vacating member’s term.
10: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 3
2: Consequential amendments to other enactments
11: Education Council Rules 2016 renamed
From the commencement of this section,—
a: the Education Council Rules 2016
b: every reference in any enactment and in any document to the Education Council Rules 2016
12: Consequential amendments to other enactments
1: Amend the enactments specified in Schedule 4
2: Unless the context otherwise requires, every reference in this Act or any other enactment to—
a: the Education Council must be read as a reference to the Teaching Council:
b: the Education Council of Aotearoa New Zealand must be read as a reference to the Teaching Council of Aotearoa New Zealand. 2018-09-29 Ombudsmen Act 1975 Privacy Act 1993 State Sector Act 1988 Education Council Rules 2016 Education (Early Childhood Services) Regulations 2008 Education (Registration of Early Childhood Services Teachers) Regulations 2004