Education Amendment Act 2010

1: Title
This Act is the Education Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Principal Act amended
This Part amends the Education Act 1989 2010-05-20 Education Act 1989
4: Interpretation
1: The definition of State school section 2(1) or a secondary school a secondary school, or a special school
2: Section 2
2: In this Part, and Parts 2 and 3, unless the context otherwise requires, a special school special class special clinic special service
5: Enrolment of foreign students
Section 4(1)﻿(b) concerned; but concerned.
6: Special education
The compare note for section 9
7: Right of reconsideration
The compare note for section 10
8: How a school defines its home zone
Section 11E(2)﻿(c) which that
9: Amendment of enrolment scheme
Section 11M(3) enrolment scheme, in order enrolment scheme in order
10: Obligation to report to Parliament on enrolment schemes
Section 11Q(1) sector which sector that
11: Long term exemptions from enrolment
The compare note for section 21
12: Effect of exemption
The compare note for section 23
13: Penalty for irregular attendance
Section 29(1) person who— person who,—
14: Fines to be paid to boards
Section 35 and shall then become part of the board fund
15: Registration and inspection of private schools
Section 35A
9: The Chief Review Officer must ensure that—
a: a school, while registered under this section, is reviewed in accordance with Part 28; and
b: the review officer who conducts a review—
i: prepares a written report on the review; and
ii: gives copies of it to the Secretary and the school's principal (or other chief executive) and managers.
16: Interpretation
1: Section 60 and Part 8 Part 7A, and Part 8
2: Paragraph (a) of the definition of board section 60 school means school, means
3: Section 60 domestic student domestic student
4: Section 60 foreign student foreign student
5: Section 60 Teachers Council unsupervised access to students
a: a registered teacher or holder of a limited authority to teach:
b: an employee of the school on whom a satisfactory Police vet has been conducted within the last 3 years:
c: a parent of the student
17: Length of school year
Section 65A(2) half days half-days
18: Terms
Section 65B(1) half days half-days
19: Exceptions in particular cases
Section 65D(3) and (5) half day half-day
20: Restrictions on acquisition of securities
Section 73(2)﻿(c)﻿(ii) Finance: or Finance; or
21: New sections 78C to 78CD substituted
Sections 78C to 78CB
78C: Police vetting of non-teaching and unregistered employees at schools
The board of a State school, or the management of a school registered under section 35A, must obtain a Police vet of every person—
a: whom the board or the management appoints, or intends to appoint, to a position at the school; and
b: who is to work at the school during normal school hours; and
c: who is not a registered teacher or holder of a limited authority to teach.
78CA: Police vetting of contractors and their employees who work at schools
1: The board of a State school, or the management of a school registered under section 35A, must obtain a Police vet of every contractor, or the employee of a contractor, who has, or is likely to have, unsupervised access to students at the school during normal school hours.
2: In this section, contractor
78CB: Police vet must be obtained before person has unsupervised access to students
1: A Police vet required under section 78C or 78CA
2: The board of a State school, or the management of a school registered under section 35A, that is required under section 78C
78CC: Further Police vets to be obtained under this Part every 3 years
1: The board of a State school, or the management of a school registered under section 35A, must obtain a further Police vet of every person on whom a Police vet has already been obtained under this Part by that board or management, as the case may be, and who still works at the school.
2: A further Police vet required under subsection (1)
3: The requirement for a further Police vet under this section does not apply to a person on whom a Police vet under section 78C or 78CA
78CD: Procedures relating to Police vets
The board of a State school, or the management of a school registered under section 35A, that applies for a Police vet of a person—
a: must ensure that strict confidentiality is observed for Police vets; and
b: must not take adverse action in relation to a person who is the subject of a Police vet until—
i: the person has validated the information contained in the vet; or
ii: the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.
22: Limited statutory manager
Section 78M
3A: A notice under subsection (3) appointing a person to be the limited statutory manager for the board may refer to the person appointed—
a: by his or her own name; and
b: as being of a named body corporate.
23: Dissolution of board and appointment of commissioner
Section 78N
4: A notice under subsection (2) or (3) appointing a commissioner for a school may refer to the person appointed—
a: by his or her own name; and
b: as being of a named body corporate.
24: Interpretation
1: The definition of board section 92(1) Part; and— Part; and,—
2: The definition of principal section 92(1) 94(c) 94(1)﻿(c)
3: Paragraph (c) of the definition of special institution section 92(1) a hospital or a hospital
4: The definition of State school section 92(1) secondary school; and— secondary school; and,—
25: Boards of newly established schools
Section 98(1) members shall be— members are,—
26: Elections of trustees
1: Section 101(4)
a: in the case of a school that is not a correspondence school,—
i: on a date fixed by the board that is within the range of dates for those elections in that election year that is specified by the Minister by notice in the Gazette
ii: if the Minister has not, by notice in the Gazette
2: Section 101
4A: The notice referred to in subsection (4)﻿(a)
3: Section 101(10) , and to section 101AB
27: New section 101AB inserted
The following section is inserted after section 101A
101AB: Election not to be held when school under notice of closure
Nothing in this Act requires or permits the board of any school or special institution to hold an election for a student representative or other elected trustee if the date for the election calculated in accordance with section 101 or 101A (as the case may be) is after the date of any notice in the Gazette
28: Term of office
Section 102(2) commissioner goes out of office commissioner's appointment ends
29: New section 110A inserted
The following section is inserted after section 110
110A: Minister may combine boards at establishment
1: A Minister may, by notice in the Gazette
2: The combined board is the board of a newly established school for the purposes of section 98.
30: Minister may split combined board
Section 112(3) subsection (4) of this section subsection (4) and section 112A
31: New section 112A inserted
The following section is inserted after section 112
112A: Splitting boards that were combined at establishment
1: A Minister who, under section 112(1), is splitting a board that was combined under section 110A section 110A
2: A board that is designated under subsection (1)
3: This section overrides section 112(3)﻿(b) and (4)﻿(a).
32: Applications for registration as teacher
The compare note for section 121
33: Full registration
The compare note for section 122
34: Teachers Council to keep register
The compare note for section 128
35: New section 128A inserted
The following section is inserted after section 128
128A: Matching of register information and information about payment of teacher salaries at payrolled schools
1: The purpose of this section is to facilitate the exchange of information between the Ministry and the Teachers Council for the purposes of enabling—
a: the Teachers Council, in regard to people employed in teaching positions, to identify—
i: the person's employer; and
ii: the person's registration status; and
b: the Ministry, in regard to regular teachers in receipt of salaries at payrolled schools, to identify their salary entitlement or eligibility, if any, for an allowance on the basis of their registration, if any.
2: For the purpose set out in subsection (1)﻿(a)
a: require the Secretary to supply all or any of the following information in regard to all or any regular teachers in receipt of salaries at payrolled schools:
i: surname:
ii: first name:
iii: date of birth:
iv: gender:
v: address:
vi: the school at which the person is employed:
vii: payroll number:
viii: registration number; and
b: compare the information supplied under paragraph (a)
3: For the purpose set out in subsection (1)﻿(b)
a: require the Teachers Council to supply all or any of the following information in regard to all or any people registered as teachers:
i: surname:
ii: first name:
iii: date of birth:
iv: gender:
v: address:
vi: the school at which the person is employed:
vii: registration number:
viii: registration expiry date:
ix: registration classification; and
b: compare the information supplied under paragraph (a)
4: In this section, Ministry payrolled school regular teacher school Secretary
36: Offences
The compare note for section 137
37: Functions of Teachers Council
Section 139AE(k) and other people employed in schools and early childhood services
38: Powers of Complaints Assessment Committee
Section 139AT(2)
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:
39: Interim suspension to enable investigation
1: The heading to section 139AU to enable investigation until complaint of possible serious misconduct concluded
2: Section 139AU(1) chairperson of the Disciplinary Tribunal
3: Section 139AU
1A: The Complaints Assessment Committee may apply to the chairperson of the Disciplinary Tribunal for an interim suspension of a teacher's practising certificate or authority, if—
a: a complaint of possible serious misconduct about the teacher has been referred to the Complaints Assessment Committee under section 139AS; and
b: the alleged misconduct is the subject of an investigation by—
i: the New Zealand Police; or
ii: the teacher's employer.
4: Section 139AU
2: On an application under subsection (1) or (1A) for an interim suspension, the chairperson of the Disciplinary Tribunal may, either with or without a hearing, suspend the teacher's practising certificate or authority.
40: New section 139AUA inserted
The following section is inserted after section 139AU
139AUA: Duration of interim suspension
1: The duration of an interim suspension under section 139AU is initially until the earliest of the following occurs:
a: the expiry of a period, specified by the chairperson of the Disciplinary Tribunal, that is less than 3 months:
b: the expiry of a period of 3 months 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 his or her initial interim suspension decision, if the teacher—
a: requests him or her to do so at any time 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 139AU for further successive periods of no more than 3 months each, if, at the end of the relevant period of interim suspension,—
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 139AU that is renewed under subsection (3)
5: A hearing under subsection (4)
6: For the purposes of this section, a matter is concluded when the latest of the following occurs in relation to the complaint:
a: the Complaints Assessment Committee has carried out whatever action it decides to take under section 139AT(2)﻿(a) to (d):
b: the Complaints Assessment Committee has carried out whatever action it decides to take under section 139AV(2)﻿(a) to (d):
c: the Disciplinary Tribunal has carried out whatever action it decides to take under section 139AW(1)﻿(a) to (i), if the Complaints Assessment Committee has referred the matter to the Disciplinary Tribunal under any of sections 139AT(3) or (4) or 139AV(3).
41: Investigation by Complaints Assessment Committee of reports of convictions
Section 139AV(2)
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:
42: Complaints about competence
1: Section 139AZC(8) may— may do any of the following:
2: Section 139AZC(8)
b: refer the teacher to an impairment process which may involve either or both of the following:
i: assessment of an impairment:
ii: assistance with an impairment:
43: Teachers Council must co-ordinate Police vetting
1: Section 139AZD
1: The Teachers Council must establish a system for co-ordinating Police vetting, in relation to—
a: teacher registration and the issue of practising certificates; and
b: the granting of limited authorities to teach.
2: Section 139AZD(3)
3: Section 139AZD(4) purposes and for those requested by boards and managements purposes,
44: Interpretation
Section 159 New Zealand apprenticeship committee
45: Minister may dissolve council and appoint commissioner
Section 195D(7) is it it is
46: Transfer of Crown assets and liabilities to institutions
Section 206(10)
a: inserting , or under section 168 of the Resource Management Act 1991, the Town and Country Planning Act 1977
b: inserting , or in the Resource Management Act 1991, (as the case may be) the Town and Country Planning Act 1977
47: Provisions relating to transfer of land
Section 207(5)
f: sections 10 and 11 of the Crown Minerals Act 1991:
g: section 354 of the Resource Management Act 1991.
48: Annual report
Section 220(2A)﻿(e)﻿(ii) institution: institution; and
49: Disclosure of enrolment information by institutions
Section 226A(9) section 226A of the Education Act 1989 this section
50: Heading after section 229D repealed
The heading after section 229D
51: Export education levy
Section 238H(2)﻿(d) provider; and provider.
52: Definitions
1: The definition of secondary school section 246
2: Section 246 relevant school
a: a secondary school (as that term is defined in section 2(1)); or
b: a composite school (as that term is defined in section 2(1)); or
c: a school that is registered under section 35A, but does not include any school registered under that section only as a primary school (as that term is defined in section 2(1)); or
d: a special school (as that term is defined in section 2(2)
53: Functions of Authority
1: Section 253(1)﻿(a) secondary relevant
2: Section 253(1)﻿(b)
a: omitting secondary relevant
b: omitting or private training establishment
3: Section 253(1)﻿(c) secondary relevant
4: Section 253(1)﻿(d) and private training establishments
5: Section 253(1)﻿(e) , secondary schools, and private training establishments
6: Section 253(1)﻿(f) , secondary schools, or private training establishments
7: Section 253
1A: In this section, institution
54: Power to obtain information
Section 255(1AA) secondary relevant
55: Compliance notices
Section 255A(1) secondary relevant
56: Approval of courses
Section 258(1A) secondary relevant
57: Conditions on course approvals
Section 258A
1AA: In this section, institution
58: Accreditation to provide approved courses
Section 259(1A) secondary relevant
59: Conditions on accreditation to provide approved courses
Section 259A
1AA: In this section, institution
60: Fees
Section 266(2) secondary relevant
61: Powers of Minister
Section 268(1) secondary relevant
62: Continuation of Board
Section 281(2)﻿(b) members; and members.
63: New section 283C substituted
Section 283C
283C: Contents of statement of intent
In addition to the information required under section 141 of the Crown Entities Act 2004, every statement of intent must specify—
a: the services that the Board is to provide; and
b: the persons for whom or which the services are to be provided.
64: Recipients of allowances or student loans may be required to provide information
1: The heading to section 307 , and other persons, loans
2: Section 307(1) and sections 307AAA this section
3: Section 307(1) change in the recipient's circumstances
a: the recipient knows about; and
b: the recipient knows materially affects his or her entitlement to a statutory allowance or student loan, or a particular rate of statutory allowance or a particular amount of a student loan non-recipient
a: includes a person who is acting in his or her official capacity as an officer or employee of a department of State or public body; but
b: does not include a person acting in his or her capacity as an officer of a court
4: Section 307(5) person (whether or not a recipient) recipient or non-recipient
5: Section 307
6: A recipient must notify the Secretary, as soon as practicable, of any change in the recipient's circumstances that materially affects his or her entitlement at any time—
a: to a statutory allowance or student loan; or
b: to be paid a statutory allowance at a particular rate or a particular amount of a student loan.
65: New section 307AAA inserted
The following section is inserted after section 307
307AAA: Suspension or refusal for not providing information
1: The Secretary may do whichever of the following the case requires, if he or she is satisfied that a recipient or non-recipient has, without reasonable cause, failed or refused to comply with a requirement under section 307(3) or to comply with section 307(5) and, in the case of a recipient, that the recipient has been warned of the consequence of the failure or refusal and given the opportunity to show reasonable cause or answer the question:
a: suspend any statutory allowance held by the recipient, whether granted before or after the failure or refusal:
b: refuse to grant any statutory allowance, or refuse to advance any student loan, to the recipient, whether or not the recipient may appear to be entitled to be granted the allowance or advanced the loan.
2: Despite subsection (1) subsection (1)
3: Payments must not be made under a statutory allowance while it is suspended under subsection (1).
66: Offences concerning allowances
1: Section 307AA(1) (4) (5)
2: Section 307AA
2: A recipient or non-recipient commits an offence against this Act and is liable on summary conviction to a fine not exceeding $2,000 who refuses to comply with section 307(5).
2A: A recipient commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $5,000 if he or she, 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 he or she 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 his or her entitlement at any time—
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 section 307(6)
67: Use of student allowance information for purposes of Social Security Act 1964
Section 307A(2)﻿(e) information, about information about
68: Interpretation
1: Section 309 hospital-based education and care service hospital-based education and care service
2: Section 309 playgroup playgroup
a: no child attends for more than 4 hours on any day; and
b: more than half 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
3: Section 309 unsupervised access to children
a: a registered teacher or holder of a limited authority to teach:
b: an employee of the service on whom a satisfactory Police vet has been conducted within the last 3 years:
c: a parent of the child
69: New sections 319D to 319FE substituted
Sections 319D to 319F
319D: Police vetting of non-teaching and unregistered employees at licensed early childhood services
The service provider of a licensed early childhood service must obtain a Police vet of every person—
a: whom the service provider appoints, or intends to appoint, to a position at the early childhood service; and
b: who is to work at the service during normal opening hours; and
c: who is not a registered teacher or holder of a limited authority to teach.
319E: Police vetting of contractors and their employees who work at licensed early childhood services
1: The service provider of a licensed early childhood service must obtain a Police vet of every contractor, or the employee of a contractor, who has, or is likely to have, unsupervised access to children at the service during normal opening hours.
2: In this section, contractor
319F: Police vet must be obtained before person has unsupervised access to children
1: A Police vet required under section 319D or 319E
2: The service provider of a licensed early childhood service that is required under section 319D
319FA: Procedures relating to Police vets under section 319D or 319E
The service provider of a licensed early childhood service that applies for a Police vet of a person under section 319D or 319E
a: must ensure that strict confidentiality is observed for Police vets; and
b: must not take adverse action in relation to a person who is the subject of a Police vet until—
i: the person has validated the information contained in the vet; or
ii: the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period. Police vetting of household members for home-based services
319FB: Police vetting of adult members of household where licensed home-based education and care service provided
1: The service provider of a licensed home-based education and care service must obtain a Police vet of every adult who lives in a home—
a: where the service is being provided; but
b: that is not the home of every child to whom the service is being provided.
2: In this section, adult
319FC: When Police vet under section 319FB must be obtained
A Police vet required under section 319FB
319FD: Procedures relating to Police vets under section 319FB
The service provider of a licensed home-based education and care service that applies for a Police vet of a person under section 319FB
a: must ensure that strict confidentiality is observed for Police vets; and
b: must not take adverse action in relation to the person providing the education or care until the person who is the subject of the Police vet has—
i: validated the information contained in the vet; or
ii: been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period. Service provider to obtain further Police vets under this Part every 3 years
319FE: Further Police vets to be obtained every 3 years
1: The service provider of a licensed early childhood service must obtain a further Police vet of every person—
a: on whom a Police vet has already been obtained under this Part by that service provider; and
b: who still works at the service, or lives in the home, as the case may be.
2: A further Police vet required under subsection (1)
3: The requirement for a further Police vet under this section does not apply to a person on whom a Police vet under section 319D or 319E
70: Powers of review officers for purposes of sections 328A to 328D
Section 328C(2) dwelling house dwellinghouse
71: Schedule 5A amended
1: The Schedule 5A s 5 s 65H
2: The item relating to section 119 in Schedule 5A ss 84–84B sections 84 to 84B
72: Schedule 6 amended
Clause 8
3: When a casual vacancy occurs, the person for the time being appointed under clause 7 or, where there is no such person, the principal must fix a place for a meeting of the board to deal with the vacancy, and a time for the meeting that is—
a: within 28 days of the vacancy occurring, if it occurs during any period of 6 months commencing on 1 October in a year before an election year; or
b: within 8 weeks of the vacancy occurring, if it occurs at any other time.
73: Schedule 10 amended
1: The item relating to the Education Lands Act 1949 in Schedule 10 (RS Vol 6, p 237) (1949 No 24)
2: The item relating to the Local Government Official Information and Meetings Act 1987 in Schedule 10 (1987 No 174) 1987
3: The item relating to the Official Information Act 1982 in Schedule 10 (1982 No 156) 1982
4: The item relating to the Ombudsmen Act 1975 in Schedule 10 (1975 No 9) 1975
5: The item relating to the State Sector Act 1988 in Schedule 10 (1988 No 20) 1988
74: Schedule 13A amended
1: The Schedule 13A s 6 s 203
2: The item relating to section 119 in Schedule 13A ss 84–84B sections 84 to 84B
3: The item relating to section 154 in Schedule 13A
a: omitting s 220(2)–(2B) section 220(2) to (2B)
b: omitting Sch 6 Schedule 6
2: Transitional provision, validations, and consequential amendments
Transitional provision in relation to Police vetting
75: Transitional provision in relation to Police vetting
Despite sections 78C 78CA 319D 319E sections 21 69 section 319FB section 69 section 35A
a: a Police vet is required under section 78C 78CA 319D 319E section 319FB
b: no Police vet has been obtained within a period of 3 years immediately before the commencement of this Act, by—
i: that board, management, or service provider; or
ii: the New Zealand Teachers Council, at the request of that board, management, or service provider. Validations
76: Validation in respect of Part 20
The validity of any action of the Authority must be determined as if at all material times—
a: section 246
i: contained the definition of relevant school section 52
ii: did not contain the definition of secondary school section 52
b: every other reference in Part 20 secondary school relevant school section 246 section 52
77: Validation in respect of change of proprietor of integrated school
Section 77 repealed 19 May 2017 section 161(1) Education (Update) Amendment Act 2017 Consequential amendments to Privacy Act 1993
78: Consequential amendments to Privacy Act 1993
1: This section amends the Privacy Act 1993
2: The definition of specified agency section 97
l: the New Zealand Teachers Council established under Part 10A of the Education Act 1989.
3: The item relating to the Education Act 1989 in Schedule 3 128A Sections 2010-05-20 Privacy Act 1993