Private Schools Conditional Integration Act 1975

1: Short Title and commencement
1: This Act may be cited as the Private Schools Conditional Integration Act 1975.
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council, and different dates may be so appointed for the purpose of different provisions of this Act. Section 1(2) brought into force 16 August 1976 Private Schools Conditional Integration Act Commencement Order 1976 Section 1(2) brought into force 7 September 1981 Private Schools Conditional Integration Act Commencement Order (No 2) 1981 Section 1(2) brought into force 1 February 1981 Private Schools Conditional Integration Act Commencement Order 1981
2: Interpretation
1: In this Act, unless the context otherwise requires,— controlling authority Part 9 education with a special character integrated school section 5 integration integrated integration agreement section 7 land Land Transfer Act 1952 proprietor proprietors State school Part 3
2: Except as provided in subsection (1), unless the context otherwise requires,—
a: words and expressions defined in the Education Act 1989
b: subject to paragraph (a), words and expressions defined in the Education Act 1964
3: Unless the context otherwise requires,—
a: every reference in this Act to a State school shall be read as excluding an integrated school:
b: every reference in any other enactment or document
i: a State primary school shall be read as including an integrated school that is a primary school:
ii: a State secondary school shall be read as including an integrated school that is a secondary school:
iii: a State school shall be read as including a reference to an integrated school. Section 2(1) controlling authority replaced 1 October 1989 section 141 Education Act 1989 Section 2(1) integration agreement replaced 19 December 1998 section 2(1) Private Schools Conditional Integration Amendment Act 1998 Section 2(1) proprietor proprietors replaced 19 December 1998 section 2(2) Private Schools Conditional Integration Amendment Act 1998 Section 2(2) replaced 23 July 1990 section 50(1) Education Amendment Act 1990 Section 2(3)﻿(b) amended 1 October 1989 section 141 Education Act 1989
2A: Act to bind Crown
This Act shall bind the Crown. Section 2A inserted 29 July 1977 Private Schools Conditional Integration Amendment Act 1977
1: Conditional integration
3: Preservation of special character of an integrated school
1: An integrated school shall on integration continue to have the right to reflect through its teaching and conduct the education with a special character provided by it.
2: Integration shall not jeopardise the special character of an integrated school.
3: The proprietor of an integrated school shall, subject to the provisions of the integration agreement,—
a: continue to have the responsibility to supervise the maintenance and preservation of the education with a special character provided by the school:
b: continue to have the right to determine from time to time what is necessary to preserve and safeguard the special character of the education provided by the school and described in the integration agreement.
4: If, in the opinion of a proprietor, the special character of the school as defined and described in the integration agreement has been or is likely to be jeopardised, or the education with a special character provided by the school as defined and described in the integration agreement is no longer preserved and safeguarded, he may invoke the powers conferred upon him by this Act. Section 3(3) inserted 29 July 1977 Private Schools Conditional Integration Amendment Act 1977 Section 3(4) inserted 29 July 1977 Private Schools Conditional Integration Amendment Act 1977
4: Integrated schools subject to certain enactments
1: Subject to subsection (2)
a: on integration, an integrated school becomes part of the State system of education in New Zealand; and
b: an integrated school is subject to all the provisions for the time being in force of the Education Act 1964 School Trustees Act 1989 Education Act 1989
c: an integrated school is subject to all the provisions of the State Sector Act 1988
2: In their application to integrated schools, the enactments applied to integrated schools by subsection (1) shall in all respects be read subject to section 3 section 80 Section 4 replaced 1 October 1989 section 141 Education Act 1989
2: Procedure for establishing, disestablishing, and closing integrated schools
5: Application to negotiate integration
1: The proprietors of a private school that is registered under section 35A
2: If the Minister accepts an application to negotiate, the applicant and the Minister may enter into negotiations for an integration agreement under section 7
3: If the Minister declines the application, the applicant may make a fresh application at any time.
4: Without limiting the factors that the Minister may consider, the Minister must, in considering an application, consider the nature, character, and capacity of the existing network of schools.
5: The Minister has an absolute discretion to accept applications to enter into negotiations for integration under this Act, and may from time to time, after giving such public notice as he or she considers appropriate, decide not to consider applications from particular areas. Section 5 replaced 19 December 1998 section 3 Private Schools Conditional Integration Amendment Act 1998
6: Applications relating to proposed schools
If a person who proposes to establish a school with the intention that it become an integrated school makes an application under section 5
a: the applicant were a proprietor; and
b: the school were a registered private school. Section 6 replaced 19 December 1998 section 3 Private Schools Conditional Integration Amendment Act 1998
6A: Negotiation of agreement
1: The Minister and an applicant may commence negotiations for an integration agreement under section 7 section 5
2: During the course of negotiations, the Minister must consult with such interested persons or groups as he or she considers appropriate. Section 6A inserted 19 December 1998 section 3 Private Schools Conditional Integration Amendment Act 1998
7: Integration agreement
1: The Minister has the sole right to approve the establishment of a private school as an integrated school.
2: The Minister must signify his or her approval by entering into a deed of agreement (an integration agreement
3: No proprietors shall be competent to execute an integration agreement unless the proprietors are constituted as a body corporate empowered to own land under an enactment of the Parliament of New Zealand
4: Every such integration agreement shall record the agreement of the proprietors that no person employed at the school and paid for his services in whole or in part out of money appropriated by Parliament shall be paid by the proprietors or their servants or agents any remuneration additional to that provided for by this Act, or shall be granted or permitted any condition of service more favourable than that permitted in the case of a person employed in a State school.
5: Any such integration agreement may record such terms and conditions relating to the integration of the school and not contrary to the express provisions of this Act as may be agreed between the Minister and the proprietors, notwithstanding that specific provision for such terms or such conditions is not provided for in this Act.
6: Without restricting the provisions that may be included in an integration agreement, any integration agreement may include provisions for all or any of the following matters:
a: specifying the land and buildings which shall constitute the integrated school to which the agreement refers:
b: specifying any part of the land or buildings owned or leased
c: describing the education with a special character for which the school was originally established:
d:
e:
f: prescribing the religious instruction and observances which are to form part of the school programme after integration, which instruction and observances may be prescribed in terms providing that they shall be such as accord with practices, rites, and doctrines of a designated religious or philosophical body as from time to time determined by a designated member or designated members of that body:
g: providing for the determination from time to time of the maximum number of pupils who may be enrolled in the school:
h: permitting limitation of the number of children not given preference of enrolment under the provisions of section 29 provided that in determining the basis of such limitation regard shall be had only to the necessity of preserving and safeguarding the education with a special character which the school provides:
i: any other particular matter which bears upon the education with a special character for which the school was originally established:
j: any other matter which this Act provides or contemplates may be the subject of provision in the integration agreement.
7: Any proprietor or proprietors may enter into agreements for the integration of more than 1 school.
8: There shall be a separate integration agreement for each school that is to become an integrated school.
9: If the Minister and the proprietors so agree, the terms of an integration agreement may from time to time be varied by a supplementary agreement.
9A: Despite subsection (1), the Minister’s power under subsection (9) to enter into a supplementary agreement may be delegated under section 28
10: An integration agreement shall for all purposes be a binding agreement between the proprietors and Her Majesty the Queen. Section 7(1) replaced 19 December 1998 section 4(1) Private Schools Conditional Integration Amendment Act 1998 Section 7(2) replaced 19 December 1998 section 4(1) Private Schools Conditional Integration Amendment Act 1998 Section 7(3) amended 1 January 1987 section 29(2) Constitution Act 1986 Section 7(6)﻿(b) amended 19 December 1998 section 4(2) Private Schools Conditional Integration Amendment Act 1998 Section 7(6)﻿(d) repealed 1 October 1989 section 141 Education Act 1989 Section 7(6)﻿(e) repealed 1 October 1989 section 141 Education Act 1989 Section 7(9A) inserted 29 October 2016 section 105 Education Legislation Act 2016 Section 7(10) inserted 29 July 1977 Private Schools Conditional Integration Amendment Act 1977
8: Effective date of integration agreement
1: Every integration agreement shall specify a date on which the integration of the school shall take place ( effective date
1A: An integrated school's controlling authority shall take office on the effective date.
2:
3:
4:
5:
6:
7:
8: In any case where the requirements of this section are not met, the Minister may from time to time give notice to the proprietors of such new effective date as he thinks fit, and the integration agreement shall be construed accordingly. Section 8(1) amended 29 July 1977 Private Schools Conditional Integration Amendment Act 1977 Section 8(1A) inserted 1 October 1989 section 141 Education Act 1989 Section 8(2) repealed 1 October 1989 section 141 Education Act 1989 Section 8(3) repealed 1 October 1989 section 141 Education Act 1989 Section 8(4) repealed 1 October 1989 section 141 Education Act 1989 Section 8(5) repealed 1 October 1989 section 141 Education Act 1989 Section 8(6) repealed 1 October 1989 section 141 Education Act 1989 Section 8(7) repealed 1 October 1989 section 141 Education Act 1989
9: Variations from standard patterns of organisation
Where in a private school there are variations from standard patterns of organisation so that the school has no parallel or close parallel in the State system of education, and in any other case where the Minister so approves, an integration agreement in respect of the school shall, notwithstanding anything in this or any other Act, provide that the variations shall be acceptable in that school, if despite the variations the school will remain effective.
10: Notification of integration agreement
Every integration agreement shall be notified in the Gazette the Secretary Section 10 amended 1 October 1989 section 144(2) Education Act 1989
11: Cancellation of integration agreement
1: An integration agreement may be cancelled—
a: by the Minister, in which case section 11A
b: by the proprietors, in which case section 11B
c: by agreement between the Minister and the proprietors, in which case section 11C
2: On the cancellation of an integration agreement,—
a: the school ceases to be an integrated school; and
b: the respective rights and obligations of the parties that arise by virtue of the agreement cease to have effect; and
c: in the absence of an agreement to the contrary, the school is deemed to be provisionally registered as a private school under section 35A Section 11 replaced 19 December 1998 section 5 Private Schools Conditional Integration Amendment Act 1998
11A: Cancellation by Minister
The Minister may cancel an integration agreement under section 11(1)﻿(a)
a: it appears to the Minister on reasonable grounds that the proprietors or controlling authority of the integrated school are not sufficiently carrying out the functions and obligations accepted by them or it under this Act or under the integration agreement; and
b: the Minister has consulted with the proprietors, the controlling authority, and such other interested persons or groups as he or she considers appropriate. Section 11A inserted 19 December 1998 section 5 Private Schools Conditional Integration Amendment Act 1998
11B: Cancellation by proprietors
1: The proprietors may give notice of an intention to cancel an agreement under section 11(1)﻿(b)
a: it appears to the proprietors on reasonable grounds that—
i: the special character of the integrated school has been or is likely to be jeopardised; or
ii: the Minister or any controlling authority is not carrying out the functions and obligations accepted by the Minister or the controlling authority under this Act or the integration agreement; and
b: the proprietors have consulted with the Minister, the controlling authority, and such other interested persons or groups as the proprietors consider appropriate.
2: The notice of intention to cancel takes effect as a cancellation of the integration agreement under section 11(1)﻿(b) Section 11B inserted 19 December 1998 section 5 Private Schools Conditional Integration Amendment Act 1998
11C: Cancellation by agreement between parties
The Minister and the proprietors may cancel an integration agreement under section 11(1)﻿(c) Section 11C inserted 19 December 1998 section 5 Private Schools Conditional Integration Amendment Act 1998
12: Closure of integrated school
If it appears to the Minister that for the reason set out in section 11A(a) Section 12 replaced 19 December 1998 section 6 Private Schools Conditional Integration Amendment Act 1998
13: Cancellation of integration agreement by proprietors
Section 13 repealed 19 December 1998 section 7 Private Schools Conditional Integration Amendment Act 1998
14: Rights of appointment
1: When an integration agreement is cancelled pursuant to section 11 section 12
a: the contract of service of every teacher at the school concerned, being a contract between the teacher and the controlling authority for his employment as a teacher at that school, shall be deemed to have been determined from the date on which the cancellation or the closure, as the case may be, becomes effective; and
b: the contract of service of every person employed in the school concerned in a capacity other than as a teacher, being a contract between the person and the controlling authority, shall be deemed to have been determined from the date on which the cancellation or closure, as the case may be, becomes effective; and
c: no compensation of any kind shall be payable to any teacher or to any person employed otherwise than as a teacher in respect of any such determination of a contract of employment.
2: Any teacher whose employment is terminated because of the cancellation of an integration agreement pursuant to section 11 section 12 section 165
3: In any case where an integration agreement is cancelled pursuant to section 11 Section 14(1) amended 19 December 1998 section 8 Private Schools Conditional Integration Amendment Act 1998 Section 14(2) amended 19 December 1998 section 8 Private Schools Conditional Integration Amendment Act 1998 Section 14(3) amended 19 December 1998 section 8 Private Schools Conditional Integration Amendment Act 1998
15: Notification of cancellation or of closing of school
When an integration agreement is cancelled pursuant to section 11 section 12 Gazette Section 15 amended 19 December 1998 section 9 Private Schools Conditional Integration Amendment Act 1998
16: Disposal of assets on cancellation of integration agreement or closing of school
1: In every case where money appropriated by Parliament has been used to meet all or part of the cost of supplying an integrated school with furniture, or equipment, or other chattels, and the integration agreement in respect of that school is cancelled the Secretary the Secretary provided that any sale shall be by way of public auction or public tender.
2: In every case where money appropriated by Parliament has been advanced otherwise than by way of loan to be used to meet all or part of the cost of erecting any building or supplying or installing any fixture as part of an integrated school, and the integration agreement in respect of that school is cancelled Statutory Land Charges Registration Act 1928 provided that the Minister may from time to time, with the concurrence of the Minister of Finance, approve the provisional writing off of all or part of any such debt.
3: For the purposes of the Statutory Land Charges Registration Act 1928 the Secretary
4: In the case of any sale made pursuant to subsection (1), the money received shall be credited to a Crown Bank Account
5: In the event of the cancellation of an integration agreement Education Act 1964 a Crown Bank Account
6: When an integration agreement is cancelled the Secretary
7: Any payments or repayments required by or pursuant to subsection (2) or subsection (6) may be made by such instalments or otherwise over such period of time as the Minister (in the case of any payment to be made pursuant to subsection (2)) or the Secretary
8: Subject to subsections (1) to (7), if an integration agreement is cancelled, or an integrated school is closed, any land, buildings, chattels, and other interests relating to the school that are vested in the proprietors remain vested in the proprietors. Section 16(1) amended 19 December 1998 section 10(1) Private Schools Conditional Integration Amendment Act 1998 Section 16(1) amended 1 October 1989 section 144(2) Education Act 1989 Section 16(2) amended 19 December 1998 section 10(1) Private Schools Conditional Integration Amendment Act 1998 Section 16(3) amended 1 October 1989 section 144(2) Education Act 1989 Section 16(4) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 16(5) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 16(5) amended 19 December 1998 section 10(1) Private Schools Conditional Integration Amendment Act 1998 Section 16(6) amended 19 December 1998 section 10(1) Private Schools Conditional Integration Amendment Act 1998 Section 16(6) amended 1 October 1989 section 144(2) Education Act 1989 Section 16(7) amended 1 October 1989 section 144(2) Education Act 1989 Section 16(8) replaced 19 December 1998 section 10(2) Private Schools Conditional Integration Amendment Act 1998
17: Restriction on cancellation of integration agreement or closure of school
No integration agreement shall be cancelled in accordance with section 11 section 154 section 12 Section 17 amended 19 December 1998 section 11 Private Schools Conditional Integration Amendment Act 1998 Section 17 amended 1 January 1990 section 15(6) Education Amendment Act 1989
18: Compensation
In any case where an integration agreement is cancelled Section 18 amended 19 December 1998 section 12 Private Schools Conditional Integration Amendment Act 1998
3: Central administration
19: Administration of integrated schools
1: Save as provided by this Act, all the provisions of the Education Act 1964
2: Subject to the provisions of sections 3 4 Part 3
20: Integration Standing Committee
Section 20 repealed 19 December 1998 section 18(2)﻿(a) Private Schools Conditional Integration Amendment Act 1998
21: Tenure of office of members of Integration Standing Committee
Section 21 repealed 19 December 1998 section 18(2)﻿(a) Private Schools Conditional Integration Amendment Act 1998
22: Meetings of Integration Standing Committee
Section 22 repealed 19 December 1998 section 18(2)﻿(a) Private Schools Conditional Integration Amendment Act 1998
23: Fees and travelling allowances
Section 23 repealed 19 December 1998 section 18(2)﻿(a) Private Schools Conditional Integration Amendment Act 1998
24: Functions and powers of Integration Standing Committee
Section 24 repealed 19 December 1998 section 18(2)﻿(a) Private Schools Conditional Integration Amendment Act 1998
4: Administration of integrated schools
25: Control and management
1:
2:
3:
4: Every integrated school that is a special school shall be controlled and managed in accordance with regulations made pursuant to section 100
5: Any such regulations made pursuant to section 87 section 100
6: The powers of control and management of the controlling authority of an integrated school sections 3 4 Section 25(1) repealed 1 October 1989 section 141 Education Act 1989 Section 25(2) repealed 18 May 1989 School Trustees Act 1989 Section 25(3) repealed 1 October 1989 section 141 Education Act 1989 Section 25(6) amended 1 October 1989 section 141 Education Act 1989
26: School committees
Section 26 repealed 1 October 1989 section 141 Education Act 1989
27: School districts
Section 27 repealed 18 May 1989 School Trustees Act 1989
28: Constitution of education boards
Section 28 repealed 18 May 1989 School Trustees Act 1989
5: Provisions relating to the enrolment, conditions of attendance, and instruction of pupils at an integrated school
29: Preference of enrolment
1: Parents who have a particular or general philosophical or religious connection with an integrated school shall have preference of enrolment for their children at the school.
2: Subject to the provisions of subsection (1), no prospective pupil shall be refused enrolment at an integrated school on the grounds of religion, race, socio-economic background, or lack of willingness of the parent to make financial contributions to the school.
3: Notwithstanding anything in the foregoing provisions of this section, in any case where a child is considered by the Secretary section 114 Education Act 1964 the Secretary Section 29(3) amended 1 October 1989 section 144(2) Education Act 1989
30: Participation in school programme
By enrolling a pupil at an integrated school the parent shall accept as a condition of enrolment that the pupil is to participate in the general school programme that gives the school its special character.
31: Instruction of pupils
Each integrated school shall instruct its pupils in accordance with the curricula and syllabuses prescribed by the Education Act 1964 provided that the general school programme shall reflect the education with a special character provided by the integrated school, and religious and other examples may be used to reinforce teaching throughout the school day.
32: Religious observances and religious instruction
1: Subject to the provisions of section 31
2: Where religious observances and religious instruction form part of the education with a special character provided by an integrated school, that school shall be responsive to the sensitivities of pupils and parents of different religious or philosophical affiliations, and shall not require any such pupil to participate in religious observances and religious instruction concerned with particular observances if the parents of that pupil state at any time that they do not wish that pupil so to participate.
33: Integrated schools as contributing schools
1: Unless an integration agreement otherwise provides, no integrated primary school that at the time of integration provides education up to form 2 level shall be designated pursuant to section 150(1)
2: At any time subsequent to an integration agreement being concluded, if the Minister and the proprietors so agree, the terms of an integration agreement may be varied by a supplementary agreement to allow an integrated school to be designated a contributing school in accordance with the provisions of the Education Act 1989 Section 33(1) amended 1 January 1990 section 15(7)﻿(a) Education Amendment Act 1989 Section 33(2) amended 1 January 1990 section 15(7)﻿(b) Education Amendment Act 1989
34: School transport assistance
In providing, in accordance with section 201B section 37 the Secretary Section 34 amended 1 October 1989 section 144(2) Education Act 1989
35: Free education
1: Every pupil enrolled at an integrated school shall be given free education on the same terms and in accordance with the same conditions as pupils enrolled at a State school are given free education.
2: If the controlling authority of a State school is permitted by the Education Act 1964 the Secretary Section 35(2) amended 1 October 1989 section 144(2) Education Act 1989
36: Attendance dues
1: If the integration agreement in respect of the school so provides, the proprietors of an integrated school may enter into an agreement with the parents or other persons accepting responsibility for the education of a child providing that, as a condition of the enrolment and attendance of that child at that school, the parents or other person shall pay attendance dues.
2: The said dues shall be established in respect of such school or group of schools, and at such rates, and subject to such conditions, as may be approved from time to time by the Minister, by notice in the Gazette
3: Revenue received by the proprietors from attendance dues shall be used solely for the purpose of paying in respect of the school or group of schools in respect of which it is received for such improvements to the school buildings and associated facilities as may be required by any integration agreement or integration agreements pursuant to section 40(2)﻿(c)
4: No revenue received by the proprietors from attendance dues shall be used to provide or improve the school buildings and associated facilities to a standard higher than that approved from time to time by the Secretary
5: Should any proprietor use any revenue from attendance dues for any purpose other than one permitted by this section, the Minister may, notwithstanding anything in the integration agreement, by notice in the Gazette Gazette
6: Should any parent or other person who has accepted the responsibility for the education of a child, and has pursuant to subsection (1) entered into an agreement to pay attendance dues, fail to make such payment, any payment not so made shall be recoverable from that parent or person in any court of competent jurisdiction as a debt due to the proprietors.
7: Any such failure to make payment shall constitute grounds for the principal of the school to suspend the child from attendance at that school and to remove his name from the school register: provided that no child shall be so suspended and have his name removed from the school register until arrangements have been made to the satisfaction of the appropriate District Senior Inspector of Schools for the child to be enrolled at some other school.
8: Each proprietor who is permitted to charge attendance dues shall keep accounts in a manner approved by the Secretary the Secretary qualified auditor (within the meaning of section 35 the Secretary the Secretary Section 36(4) amended 1 October 1989 section 144(2) Education Act 1989 Section 36(8) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 36(8) amended 1 October 1989 section 144(2) Education Act 1989
37: Financial contributions
1: In addition to the authority vested in them by section 36
2: Financial contributions other than attendance dues shall be made on a voluntary basis and no pupil shall be refused enrolment because of the unwillingness of the parents to make such contributions.
3: No controlling authority of any integrated school, nor the principal nor any member of the staff (whether employed or retained as a teacher or in any other capacity), nor any pupil of the school shall take any part during normal school hours as such controlling authority, principal, or staff member, or pupil in any school activity directed to raising funds for the benefit of the proprietors in meeting any debts, mortgage, lien, or other charge associated with the land and buildings that constitute the school premises or are associated with the school.
4: The proprietors shall keep accounts of money raised by them and by a controlling authority, principal, staff member, or pupil pursuant to this section, and shall cause such accounts to be audited by a qualified auditor (within the meaning of section 35 Section 37(4) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014
38: Fund raising
Subject to the provisions of section 37
39: Use of school office
The school office of an integrated school may be used for the purpose of communication between the proprietors of the school and the parents of pupils enrolled at the school, and for other purposes related to the benefit of the school and the pupils.
6: Proprietors of an integrated school
40: Powers and responsibilities of proprietors
1: The proprietors of an integrated school shall, subject to section 3
2: Subject to the provisions of subsection (1), the proprietors of an integrated school—
a: own, hold upon trust, or lease
b: shall accept and meet the liability for all mortgages, liens, and other charges upon the said land and buildings; and
c: shall plan, pay for, and execute, over such period as may be specified in the integration agreement, such improvements to the school buildings and associated facilities, as may be required in accordance with the integration agreement to bring the said buildings and associated facilities up to the minimum standard laid down from time to time by the Secretary
d: shall plan, execute, and pay for such capital works as may be approved or required, from time to time, by the Minister, with a view to replacing, improving, or enlarging the school, its buildings, and its associated facilities in order to maintain the school, its buildings, and its associated facilities at the minimum standard laid down from time to time by the Secretary
e: may own, hold upon trust, or lease
f: may, in conjunction with the controlling authority, make provision for the accommodation of pupils living away from home, including such provision for pupils attending primary schools; and
g: must insure all the buildings, chattels, and other assets owned, held upon trust, or leased by the proprietors for the purposes of the school against risks normally insured against in some reputable insurance office; and
h: shall arrange with their insurers that the policy of such insurance shall be endorsed to the effect that the benefit of the indemnity provided by the policy shall extend to the Minister in respect of any such buildings, chattels, and other assets paid for in whole or in part by loan or grant made out of money appropriated by Parliament: provided that, in any case where the proprietors have not arranged with their insurers for the benefit of any such policy to extend to the Minister, no money appropriated by Parliament shall be used to pay any part of the cost of repairing or replacing any such buildings, chattels, or other assets which have been destroyed or damaged from any cause whatsoever: provided also that any additional charges by way of premium made by the insurer in respect of the extension of the benefit of any such policy of insurance to the Minister shall not be met out of money appropriated by Parliament; and
i: shall, together with its servants, agents, and licensees, have at all reasonable times access to the school to ensure that the special character of the school is being maintained: provided that, subject to section 41 Education Act 1964 Section 40(1) amended 29 July 1977 Private Schools Conditional Integration Amendment Act 1977 Section 40(2)﻿(a) amended 19 December 1998 section 13(1) Private Schools Conditional Integration Amendment Act 1998 Section 40(2)﻿(c) amended 1 October 1989 section 144(2) Education Act 1989 Section 40(2)﻿(d) amended 1 October 1989 section 144(2) Education Act 1989 Section 40(2)﻿(e) amended 19 December 1998 section 13(2) Private Schools Conditional Integration Amendment Act 1998 Section 40(2)﻿(g) replaced 19 December 1998 section 13(3) Private Schools Conditional Integration Amendment Act 1998
40A: Leases of land
1: The proprietors of an integrated school must obtain the prior consent of the Minister before entering into a lease relating to land that is used, or to be used, for the school.
2: If the proprietors fail to obtain the prior consent of the Minister to a lease, the lease is not affected, but the Minister may cancel the integration agreement under section 11 Section 40A inserted 19 December 1998 section 14 Private Schools Conditional Integration Amendment Act 1998
41: Rights of proprietors in relation to special character of school
Section 41 repealed 19 December 1998 section 18(2)﻿(a) Private Schools Conditional Integration Amendment Act 1998
42: Assistance to proprietors
1: The Minister may from time to time, with the concurrence of the Minister of Finance, approve the granting of loans out of such money as may from time to time be appropriated by Parliament for the purpose to the proprietors of any integrated school. The loans shall be made for such purposes and subject to such terms and conditions, including the provisional writing off of any amount repayable, as the Minister, with the concurrence of the Minister of Finance, determines.
2: Section 42(2) repealed 1 January 1992 Private Schools Conditional Integration Amendment Act 1991
43: Accommodation of pupils
The controlling authority of an integrated school may, on the same conditions as apply in the case of State schools and in conjunction with the proprietors of the integrated school, make provision for the accommodation of pupils living away from home, including such provision for pupils attending primary schools.
44: Proprietors unable to meet obligations
1: In the event of the proprietors of an integrated school finding themselves unable to meet the financial or other commitments accepted by them under the integration agreement, they shall notify the Minister accordingly. Upon being so notified, the Minister may, in his discretion and after such consultation with the proprietors as he thinks necessary in any such case,—
a: cancel section 11
b: close the school pursuant to section 12
c: arrange for the acquisition by the Crown, in accordance with the Public Works Act 1981
2: When the Minister acts in accordance with paragraph (a) or paragraph (b) of subsection (1), the provisions of this Act relating to the cancellation of an integration agreement or to the closure of an integrated school, as the case may be, shall apply accordingly.
3: In any case where, in accordance with paragraph (c) of subsection (1), the land, buildings, and chattels relating to an integrated school that is a primary school have been acquired by the Crown, the education board of the education district in which that school is situated shall, on the direction of the Minister, establish that school as a State school. Section 44(1)﻿(a) amended 19 December 1998 section 15(1) Private Schools Conditional Integration Amendment Act 1998 Section 44(1)﻿(c) replaced 19 December 1998 section 15(2) Private Schools Conditional Integration Amendment Act 1998
7: Enrolment review committees for integrated schools
Part 7 repealed 1 October 1989 section 141 Education Act 1989
45: Primary Enrolment Review Committee
Section 45 repealed 1 October 1989 section 141 Education Act 1989
46: Secondary Enrolment Review Committee
Section 46 repealed 1 October 1989 section 141 Education Act 1989
47: Member to represent integrated school
Section 47 repealed 1 October 1989 section 141 Education Act 1989
48: Appointments in absence of nomination
Section 48 repealed 1 October 1989 section 141 Education Act 1989
49: Deputies of members
Section 49 repealed 1 October 1989 section 141 Education Act 1989
50: Tenure of office and procedure
Section 50 repealed 1 October 1989 section 141 Education Act 1989
51: Fees and allowances
Section 51 repealed 1 October 1989 section 141 Education Act 1989
52: Referral of difficulties to Secondary Enrolment Review Committee
Section 52 repealed 1 October 1989 section 141 Education Act 1989
53: Functions of Secondary Enrolment Review Committee
Section 53 repealed 1 October 1989 section 141 Education Act 1989
54: Referral of difficulties to Primary Enrolment Review Committee
Section 54 repealed 1 October 1989 section 141 Education Act 1989
55: Functions of Primary Enrolment Review Committee
Section 55 repealed 1 October 1989 section 141 Education Act 1989
56: Criteria for resolving difficulties
Section 56 repealed 1 October 1989 section 141 Education Act 1989
57: Decisions on enrolment
Section 57 repealed 1 October 1989 section 141 Education Act 1989
8: Training, appointment, and employment of teachers
Colleges of education Heading replaced 1 October 1989 section 162(1)﻿(b) Education Act 1989
58: Integration in relation to State colleges of education
1: After the commencement of this Act any person intending to follow a teaching career in integrated schools, and any person belonging to or intending to enter any religious teaching order, and any person who has taught at a private school, shall be eligible to apply for entry to any State college of education
2: The controlling authority of each State college of education Section 58 heading amended 1 October 1989 section 162(1)﻿(b) Education Act 1989 Section 58(1) amended 1 October 1989 section 162(1)﻿(b) Education Act 1989 Section 58(2) amended 1 October 1989 section 162(1)﻿(b) Education Act 1989
59: Private
colleges of education
1: After the commencement of this Act, no educational institution for the training of persons as teachers within the meaning of the Education Act 1964
2: Any such private college of education college of education
3:
4:
5:
6:
7:
8:
9: Section 59 heading amended 1 October 1989 section 162(1)﻿(b) Education Act 1989 Section 59(2) amended 1 October 1989 section 162(1)﻿(b) Education Act 1989 Section 59(3) repealed 19 December 1998 section 16(1) Private Schools Conditional Integration Amendment Act 1998 Section 59(4) repealed 19 December 1998 section 16(1) Private Schools Conditional Integration Amendment Act 1998 Section 59(5) repealed 19 December 1998 section 16(1) Private Schools Conditional Integration Amendment Act 1998 Section 59(6) repealed 19 December 1998 section 16(1) Private Schools Conditional Integration Amendment Act 1998 Section 59(7) repealed 19 December 1998 section 16(1) Private Schools Conditional Integration Amendment Act 1998 Section 59(8) repealed 19 December 1998 section 16(1) Private Schools Conditional Integration Amendment Act 1998 Section 59(9) repealed 19 December 1998 section 16(1) Private Schools Conditional Integration Amendment Act 1998
60: Bonds for entry to teaching
1: Any student accepted for training as a teacher in accordance with section 58 the Secretary
2: The Secretary the Secretary
3: Every such bond shall be enforceable against the student and the surety who signs it notwithstanding anything in this Act or any other Act or any rule of law. 1964 No 135 s 197 1968 No 11 s 20 Section 60(1) amended 19 December 1998 section 16(2) Private Schools Conditional Integration Amendment Act 1998 Section 60(1) amended 1 October 1989 section 144(2) Education Act 1989 Section 60(2) amended 1 October 1989 section 144(2) Education Act 1989 Appointment of primary teachers
61: Role of District Appointments Committee
Section 61 repealed 1 October 1989 section 8(1) State Sector Amendment Act 1989
62: Special considerations affecting transfer of teachers in integrated schools
1: When an education board is considering the transfer of a teacher from an integrated school to a State school, or from one integrated school to another integrated school, it shall have regard to the particular contribution the teacher makes, the nature of the community life shared by the teacher, and any other factors arising from the special character of the school or special situation of the teacher that are material to the desirability of the proposed transfer.
2: Where a teacher in an integrated primary school appeals against transfer in accordance with the provisions of Part 6
3: When an education board proposes to transfer a teacher in an integrated primary school whose salary is protected by the provisions of section 71 subsection (5) of section 152 section 153 Appointment of secondary teachers
63: Requirements in respect of appointments
1: The controlling authority of an integrated school shall appoint teachers in that school in accordance with the provisions of the State Sector Act 1988
2: When a controlling authority delegates to a committee the power to appoint a teacher or to recommend the appointment of a teacher, that committee must contain at least 1 of the persons appointed to the controlling authority by the proprietor. Section 63 replaced 1 October 1989 section 5 State Sector Amendment Act 1989 Transfer of teachers in integrated schools
64: Transfer of teachers
A religious teacher permanently appointed to a position in an integrated school may, with the concurrence of the respective controlling authorities, be transferred to a teaching position in another integrated school if that other school has a special link with the school from which the teacher was transferred, whether the link is established by reason of the school being associated with the same religious order or for any other reason that the Secretary Section 64 amended 1 October 1989 section 144(2) Education Act 1989 Appointments to special positions relating to character of school
65: Religious instruction
1: Subject to the provisions of this section, where religious instruction forms part of the special character of any integrated school,—
a: if so provided by the terms of the integration agreement, an advertisement for the position of principal of that school shall state that a willingness and ability to take part in religious instruction appropriate to that school shall be a condition of appointment:
b: if so provided by the terms of the integration agreement, the controlling authority of that school shall designate a position at that school as Director of Religious Studies, and shall state in any advertisement for that position that a willingness and ability to take part in religious instruction appropriate to that school shall be a condition of appointment. A Director of Religious Studies shall be a member of the normal staffing entitlement of the school, as established by regulations made under the Education Act 1964
c: the controlling authority shall designate such other proportion of teaching positions in that school as may be provided for in the integration agreement as positions of importance carrying a responsibility for religious instruction, and shall state in advertisements for the positions that willingness and ability to take part in religious instruction appropriate to that school shall be a condition of appointment:
d: if—
i: that school is a primary school; and
ii: the person holding the position of deputy principal of that school or a position of assistant principal at that school has responsibility for supervising the junior classes at that school; and
iii: it is so provided by the terms of the integration agreement of that school,— the controlling authority of that school shall state in any advertisement for that position that a willingness and ability to take part in religious instruction appropriate to that school shall be a condition of appointment.
2: Where, in accordance with paragraphs (a), (b), (c), and (d) of subsection (1), an advertisement for a position states a requirement that willingness and ability to take part in religious instruction shall be a condition of appointment, any person appointed to that position shall accept that requirement as a condition of his appointment.
3: Except as provided in subsection (1), the appointment of a teacher to a position in an integrated school shall not be conditional on the willingness and ability of that teacher to take part in religious instruction, and no such teacher shall be required so to take part. Section 65(1)﻿(d) replaced 15 August 1986 Private Schools Conditional Integration Amendment Act 1986
66: Other special positions
1: Where an integration agreement records that any teaching position in the school concerned is a special position that requires particular capabilities on the part of the teacher holding it, an advertisement for that position shall require an appointee to possess those capabilities as a condition of appointment to that position.
2: Without limiting the generality of subsection (1), where any integration agreement relating to a primary school requires the person holding a position as assistant principal at that school (being a position the holder of which has responsibility for supervising senior classes at that school) to maintain programmes and activities that reflect the special character of that school, an advertisement for that position shall require an appointee to maintain such programmes and activities as a condition of appointment to that position.
3: Where, in accordance with subsection (1) or subsection (2), an advertisement for a position makes any requirement a condition of appointment to that position, any person appointed to that position shall accept that requirement as a condition of his appointment to it. Section 66 replaced 15 August 1986 Private Schools Conditional Integration Amendment Act 1986
67: Selection for appointment
In the case of an integrated primary school, the person to be appointed to any of the positions specified in paragraphs (a), (b), (c), and (d) of subsection (1) of section 65 section 66 section 68
68: Requirements in respect of appointments
1: Before appointing any person to a position in an integrated primary school, being a position specified in section 65(1) section 66
2: On receipt of the report required by subsection (1), the controlling authority shall consider for appointment only those applicants who are stated in the report to be acceptable for appointment. Section 68 replaced 1 October 1989 section 6 State Sector Amendment Act 1989 General provisions regarding appointment of teachers
69: Employment for special purposes
1: With the consent of the controlling authority, any retired teacher may undertake, in any integrated school, voluntary tasks relating to the beliefs and instruction that are the foundation of that school's special character.
2: Where religious instruction forms part of the education with a special character provided by an integrated school, the proprietors of that school may employ any person, whether as a chaplain or otherwise, for duties relating to that instruction. The salary of any such person shall not be paid by the controlling authority or be in any way a charge on money appropriated by Parliament. The proprietors shall notify the controlling authority the name of any persons so appointed.
3: When a controlling authority so wishes and subject to the prior consent of the Secretary provided that no such person shall be so employed unless, according to the report of an inspector of schools, he is sufficiently competent to be employed as a part-time teacher in a State school. Section 69(3) amended 1 October 1989 section 144(2) Education Act 1989
70: Loss of protection of salary and status as a teacher
1: Where a teacher in an integrated school whose salary and status as a teacher are protected by the provisions of section 71 provided that in such a case the salary to be paid in respect of the other position shall be calculated with reference to the total service of the teacher in State schools, integrated schools, and registered private schools, and in such other teaching service as may be recognised by the Secretary
2: A teacher who takes up a position in an integrated school subsequent to integration shall be paid the salary appropriate to the position to which he is appointed in accordance with his service and qualifications. Section 70(1) amended 1 October 1989 section 144(2) Education Act 1989
9: Transitional provisions
71: Appointment of teachers on integration
1: Where, in accordance with sections 7 8
a: the contract of service as a teacher at that school of every teacher at that school shall be deemed to have been determined from the effective date of integration; and
b: every such teacher as aforesaid shall, if he so wishes, be deemed to be in the employment of the controlling authority of the integrated school until he has been formally appointed to a teaching position in accordance with subsection (4), and the provisions of subsection (6) shall apply accordingly from the effective date of integration:
c: each teaching position at that school shall, within 60 days after the effective date of integration, be advertised as required by the Education Act 1964 (if any)
2: Every such advertisement shall state that the teacher appointed to the position as at the effective date of integration shall, if he so wishes, have an absolute right of appointment to that position irrespective of the qualifications of any other applicant.
3: The teacher previously appointed to the position advertised pursuant to subsection (1) shall, if he wishes to continue in that appointment, apply in the manner prescribed by the Education Act 1964 (if any)
4: A teacher who so applies shall be appointed to the position.
5: A teacher who does not so apply shall be deemed to have relinquished the position.
6: A teacher who is appointed to a teaching position pursuant to subsection (4) shall, notwithstanding the provisions of the Education Act 1964 provided that the teacher shall continue to be paid no less than the same salary, and to be accorded the same status, as he received or was accorded on the day before the effective date of integration.
7: Section 71(1)﻿(c) amended 1 October 1989 section 141 Education Act 1989 Section 71(3) amended 1 October 1989 section 141 Education Act 1989 Section 71(7) repealed 19 December 1998 section 18(2)﻿(a) Private Schools Conditional Integration Amendment Act 1998
72: Other employees
1: The contract of service of every person employed in an integrated school in a capacity other than that as a teacher, shall be deemed to have been determined from the effective date of integration.
2: If the position in which that person was employed has a parallel or close parallel in a State school, that person may be re-employed by the controlling authority in such parallel position and be paid out of money appropriated by Parliament for the purpose the same salary as he would be paid for comparable service in a State school.
3: The provisions of the Education Boards Employment Regulations 1958 and of any regulations in amendment thereof or substitution therefor shall apply to any such person whose conditions of employment are not for the time being fixed by any award of the Arbitration Commission the Labour Relations Act 1987 the State Sector Act 1988
4: Section 72(3) amended 1 April 1988 section 90(a) State Sector Act 1988 Section 72(3) amended 1 August 1987 Labour Relations Act 1987 Section 72(3) amended 1 August 1987 Labour Relations Act 1987 Section 72(4) repealed 19 December 1998 section 18(2)﻿(a) Private Schools Conditional Integration Amendment Act 1998
73: No compensation for determination of employment
When a contract of employment of a teacher is deemed to have been determined pursuant to paragraph (a) of subsection (1) of section 71 section 72
74: Protection of teachers
1: No religious or lay teacher permanently appointed to a teaching position in a private school before the integration of that school shall be removed from that position following integration on the grounds that the teacher's name is not registered in the Register of Teachers in accordance with section 131 section 142 Education Act 1964 section 148 section 29
2: No religious or lay teacher permanently appointed to a teaching position in a private school that is a composite school or a school that provides special education shall, on the integration of that school, if he had been so appointed before the integration of the school, be removed from that position on the grounds that he does not possess the qualifications required by the Education Act 1964
3: No religious or lay teacher permanently appointed to a teaching position in a private school before the integration of that school shall be removed from that position on the grounds that there are more teachers employed at the school on the effective date of integration than are permitted by regulations made under the Education Act 1964
75: Security of tenure of teachers
1: A teacher who holds in a private school a position as a permanently appointed, or a provisionally appointed, or a temporary, or a relieving teacher, or some other category of tenure of appointment, and who on the integration of that school is appointed to the position he held previously to integration in accordance with subsection (4) of section 71 the Secretary
2: A teacher who holds any such position and who is on leave on the effective date of integration shall continue on leave on terms the same as those on which that leave was granted, and on the expiry of that leave shall be entitled to return to the position he previously held or, if that position has been filled, to apply for another position in a State or integrated school, being a position that has a status and category of tenure no less than those of the position he previously held, and be afforded the same rights of appointment as are provided by section 14 provided that in such a case the provisions of subsection (6) of section 71
3: After the integration of a private school, the security of tenure of office of a teacher to whom the foregoing provisions of this section apply shall be determined by the provisions of the Education Act 1964
4: Notwithstanding anything in section 71 Education Act 1964 Section 75(1) amended 1 October 1989 section 144(2) Education Act 1989
76: Certification, assessment, and classification of teachers in integrated schools
1: Any teacher appointed to a teaching position in a private school before the integration of that school shall, after the integration of the school, if he is sufficiently qualified and has not already been so recognised, be issued by the Secretary
2: Any such teacher who is a primary teacher shall, as soon as practicable after the integration of the school, be assessed in accordance with regulations relating to the assessment of primary teachers made pursuant to the Education Act 1964
3: Any such teacher who is a secondary teacher shall, as soon as practicable after the integration of the school, be classified in accordance with regulations relating to the classification of secondary teachers made pursuant to the Education Act 1964
4: Any teacher appointed to a teaching position in a private school before the integration of that school shall, if he is not sufficiently qualified to be issued an appropriate qualification the Secretary college of education section 58 the Secretary Section 76(1) amended 1 October 1989 section 144(2) Education Act 1989 Section 76(4) amended 1 October 1989 section 141 Education Act 1989 Section 76(4) amended 1 October 1989 section 144(2) Education Act 1989 Section 76(4) amended 1 October 1989 section 162(1)﻿(b) Education Act 1989
77: Retirement of teachers in integrated schools
Section 77 repealed 8 July 2000 section 32 Education Amendment Act 2000
10: General provisions
78: Grants in aid to cease
1: As from the effective date (as defined in section 8 section 192
2: Notwithstanding the provisions of subsection (1) section 192
79: Teacher's housing
1: When, in accordance with an integration agreement, a house provided wholly or partly from money appropriated by Parliament is made available to a teacher in an integrated school, the provisions of sections 199 200
2: When a house or other dwelling that forms part of the land and buildings owned, held upon trust, or leased Section 79(2) amended 19 December 1998 section 17 Private Schools Conditional Integration Amendment Act 1998
80: Relationship between this Act and other enactments
1: Where this Act deals with the same or a similar subject matter as the Education Act 1964 State Sector Act 1988 School Trustees Act 1989 Education Act 1989
a: express provisions in this Act shall prevail in respect of integrated schools; but
b: this Act shall be construed in a sense consistent with the other enactment or enactments concerned whenever such a construction is appropriate and reasonable.
2: Subject to sections 3 4 82(2) Education Act 1964 State Sector Act 1988 School Trustees Act 1989 Education Act 1989 Section 80 replaced 1 October 1989 section 141 Education Act 1989
81: Existing integration agreements
Nothing in this Act shall affect or in any way change the agreements entered into before the coming into force of this Act between Her Majesty the Queen and the St Stephen's and Queen Victoria Schools Trust Board and the Te Aute Trust Board Incorporated.
82: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing a form of integration agreement:
b: providing for the general control, management, organisation, finance, and conduct of integrated schools.
2: Where there appears to be a conflict between the provisions of regulations so made and regulations made pursuant to the Education Act 1964 the School Trustees Act 1989, the Education Act 1989 Section 82(2) amended 1 October 1989 section 141 Education Act 1989
83: Consequential amendments
1: Amendment(s) incorporated in the Act(s)
2:
3: Amendment(s) incorporated in the Act(s)
4:
5:
6:
7:
(8)–(10): Amendment(s) incorporated in the Act(s)
11:
12: Amendment(s) incorporated in the Act(s)
13:
14: Amendment(s) incorporated in the Act(s)
15:
16: Section 83(2) repealed 1 October 1989 section 141 Education Act 1989 Section 83(4) repealed 1 October 1989 section 141 Education Act 1989 Section 83(5) repealed 18 May 1989 School Trustees Act 1989 Section 83(6) repealed 18 May 1989 School Trustees Act 1989 Section 83(7) repealed 1 October 1989 section 141 Education Act 1989 Section 83(11) repealed 1 November 1976 Education Amendment Act 1976 Section 83(13) repealed 20 July 1987 Education Amendment Act (No 2) 1987 Section 83(15) repealed 1 November 1976 section 2(4)﻿(d) Government Superannuation Fund Amendment Act 1976 Section 83(16) repealed 23 December 1977 State Services Conditions of Employment Act 1977