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Education Acts 1964-1995 (By Parliamentary Counsel) 009
Commenced:

ANALYSIS

Index
Analysis

THE EDUCATION ACT 1989: Index
1 Short Title and commencement

I: Rights to Primary and Secondary Education 2 Interpretation
3 Right to free primary and secondary education
3A Restriction on attendance at certain schools
4 Enrolment of foreign students
4A Certain foreign students may enrol at state schools as of right
4B Fees for foreign students
4C Minister may exempt certain foreign students from payment of fees
4D Boards to reimburse the Crown for expenditure in respect of foreign students
5 Restrictions on enrolment at primary school
6 Restrictions on enrolment at secondary school
7 Additional restrictions on enrolment at correspondence school
7A Adult domestic students and domestic students exempted from attendance may be required to pay fees for tuition from correspondence schools
7B Fees for evening classes, etc.
8 Equal rights to primary and secondary education
9 Special education
10 Right of reconsideration

II: Enrolment Schemes, and Suspension, Expulsion, and Exclusion of Students 11 Repealed by s. 3 (1) of the Education Amendment Act 1991.
11A Boards may put enrolment schemes in place
11B Amendment of enrolment schemes
11C Notice
11D Abandonment of enrolment schemes
11E Boards to notify Secretary
11F Schemes and amendments to be available for inspection
11G Duration of enrolment schemes for primary schools
11H Duration of enrolment schemes for secondary and composite schools
11I Secretary may authorise early commencement of enrolment scheme or amendment
11J Effect of enrolment schemes
11K Boards to reconsider threat of overcrowding
12 untitled record
12A untitled record
12B Exemptions from enrolment schemes in exceptional cases
13 Principals may suspend students
14 Principals to give notice of suspensions
15 Students suspended for specified period
16 Students under 16 suspended for unspecified period
17 Students 16 or over to be reinstated or expelled if suspended for unspecified period
18 Suspended and expelled students may enrol at other schools
18A Director-General of Social Welfare may recommend that student should attend particular school
19 Principal may exclude student who is not clean enough or may have communicable disease

III: Enrolment and Attendance of Students 20 New Zealand citizens and residents between 6 and 16 to go to school
21 Long term exemptions from enrolment
22 Secretary may exempt from enrolment
23 Effect of exemption
24 Penalty for failure to enrol
25 Students required to enrol must attend school
25A Release from tuition on religious or cultural grounds
25B Release from school
26 Exemption from attendance
27 Principal may exempt from attendance for short period
28 Secretary may require parents of certain children to enrol them at correspondence school
29 Penalty for irregular attendance
30 Employment of school-age children
31 Ensuring attendance of students
32 Hearings of proceedings may be private
33 Evidence of school roll, etc.
34 Burden of proof on parents
35 Fines to be paid to Boards
35A Registration and inspection of private schools
35B Courses for foreign students
35C Grants for private schools

IV: Special Education Service 36 Interpretation
37 Special Education Service Board
38 Membership of Board
39 Function of Board
39A Minister may require Board to negotiate document of accountability
39B Minister may prepare document where no agreement reached
39C Contents of documents
39D Amendments to documents
39E Revocation of documents
39F Board to comply with document of accountability
39G Non-compliance with document
39H Minister may dismiss Board where non-compliance not rectified
39I Minister to publish certain documents and directions
40 Board responsible to Minister
41 Powers of Board

V: Early Childhood Development Unit 42 Interpretation
43 Early Childhood Development Unit Board
44 Membership of Board
45 Function of Board
45A Minister may require Board to negotiate document of accountability
45B Minister may prepare document where no agreement reached
45C Contents of documents
45D Amendments to documents
45E Revocation of documents
45F Board to comply with document of accountability
45G Non-compliance with document
45H Minister may dismiss Board where non-compliance not rectified
45I Minister to publish certain documents and directions
46 Board responsible to Minister
47 Powers of Board

VI: Parent Advocacy Council 48_59 untitled record

VII: Control and Management of State Schools 60 Interpretation
60A National education guidelines
61 Charters
62 Views and concerns of Maori communities to be considered
63 Charters deemed to contain certain aims
64 Effect of charter
65 Staff
65A Length of school year
65B Terms
65C Holidays
65D Exceptions in particular cases
65E Emergencies
65F Application of provisions
65G Minister to act by means of instructions
66 Boards may appoint special committees
66A Boards may delegate powers to staff
67 Ministerial consent needed for certain borrowing
67A Borrowing without Ministerial consent
67B Borrowing procedures
68 Boards may receive property for scholarships
69 Real property
70 Occupancy of property owned by the Crown
71 Courses and visits
72 Bylaws
73 Investment
74 Work for other Boards
75 Boards to control management of schools
76 Principals
77 Guidance and counselling
78 Regulations relating to control and management of schools
78A Powers of entry and inspection

VIII: Financial 79 Grants for Boards
80__81 81. Repealed by s. 5 (1) of the Education Amendment Act (No. 2) 1991.
81A Grants for correspondence schools
81B Management of financial management system
82_86 Repealed by s. 42 of the Public Finance Amendment Act 1992.
87 Annual reports
88 Payment of travel costs and attendance fees
89 Payroll service
90 Application of Public Finance Act 1989
91 untitled record

VIII: 91A Interpretation
91B Application

Payment of Salaries 91C Salaries of teachers at certain schools to be paid by the Crown
91D Agreements to move from central payment of teacher salaries
91E Payment of salaries of certain teachers out of grants
91F Restrictions on payment of salaries of regular teachers by Boards of payrolled schools
91G Relieving teachers

Limitations on Staffing 91H Limitations on appointment and employment of regular teachers at payrolled schools
91I Secretary may grant exemptions in individual cases
91J Boards to comply with limitations
91K Reduction in grants where limitations not complied with
91L Staffing levels for 1992

Application Period May Be Extended 91M Application period may be extended

IX: School Boards 92 Interpretation
93 Schools and special institutions to have Boards of Trustees
94 Constitution of Boards of state schools
94A Proprietors of integrated schools may vary number of trustees they appoint
94B Boards may alter their own constitutions
94C Limitations on co-option and appointment of trustees
95 Boards of correspondence schools and certain other educational institutions
96 Parent representatives
97 Staff and student representatives
98 Boards of newly established schools
99 Criteria for selecting co-opted and appointed trustees
100 Annual meetings
101 Elections of trustees
102 Term of office
103 Certain persons ineligible to be trustees
104 When casual vacancies arise
105 Filling of casual vacancies
106 Commissioner may be appointed if Board inactive or trustees too few
107 Minister may dissolve Board for cause, and direct appointment of commissioner
108 Consultation with proprietors of integrated school
109 Commissioners
110 Boards may combine
111 Restrictions on combining
112 Minister may split combined Board
113 Property held in trust
114 Allocation of employees after combined Board split
115 Transfer of assets of split combined Board
116 Each school to be represented on combined Board
117 Other provisions applying to Boards
118 Regulations
119 Savings

X: Teacher Registration 120 Interpretation
121 Applications for registration as teacher
122 Full registration
123 Provisional registration
124 Registration of experienced teachers
124A Determining whether or not training is satisfactory
125 Determining whether or not teaching employment satisfactory
126 Appeals from decisions of Registration Board
127 Expiry of registration
128 Registration Board to keep register
129 Deregistration
130 Practising certificates
131 Teacher Registration Board
132 Membership of Registration Board
133 Certain people ineligible to be members
134 Co-opted members
135 Powers of Registration Board
136 Registration Board may charge fees and impose costs
137 Offences
138 Registration Board to notify cancellations
139 Transitional provisions
139A No corporal punishment in early childhood centres or registered schools

XI: Miscellaneous 140 Initial appointment of primary teachers
141 Consequential amendments to Private Schools Conditional Integration Act 1975
142 Other consequential amendments, repeals, revocations, and savings
143 Education Boards and Secondary Schools Councils abolished
144 Department of Education abolished
144A Secretary may require information for statistical purposes

XII: Establishment of Schools 145 Interpretation
146 Minister may establish schools
146A Single sex schools
147 Names of state schools
148 Normal schools, etc.
149 Intermediate departments
150 Contributing schools
151 Limitation on provision of education of composite schools
152 Correspondence schools
153 Minister may change class of school
154 Closure of schools
155 Kura Kaupapa Maori
156 Designated character schools
156A Minister may merge schools
156B Restrictions on mergers in certain cases
156C Property held in trust
157 Consultations
157A Community education forums
158 Provision by one Board of tuition for students enrolled at school administered by another

XIII: Interpretation 159 Interpretation

XIV: Establishment and Disestablishment of Tertiary Institutions 160 Object
161 Academic freedom
162 Establishment of institutions
163 Constitution of institutions
164 Disestablishment of institutions

XV: Administration of Tertiary Institutions

Councils 165 Institutions to be governed by Councils
166 Incorporation
167 Affixing of Council's common seal

Constitution of Councils 168 Constitutions of Councils of existing institutions
169 Constitutions of Councils of new institutions
170 Amendment of constitution
171 Requirements as to constitutions of Councils
172 Transitional provisions relating to an institution's first Council
173 Term of office
174 Vacation of office
175 Disclosure of interest
176 Casual vacancies
177 Chairperson and Deputy Chairperson
178 Meetings of Councils
179 Fees and allowances

Functions and Duties of Councils 180 Functions of Councils
181 Duties of Councils
182 Determination of policy
183 Personal liability

Charters 184 Each institution to have charter
185 Consultations
186 Consideration of proposed charter or amendment
187 Power of Minister to initiate amendment of charter
188 Approval of charter or amendment
189 What happens if institution has no charter
190 Mandatory requirements for charter
191 Charter to be available for inspection

Powers of Institutions and Councils 192 Powers of institutions
193 Powers of Councils
194 Statutes
195 Trust property

Chief Executive and Staff 196 Duties of chief executive
197 Delegation by chief executive
198 Transitional provisions for employment of staff---

Bulk Funding 199 Grants to institutions

Finance 200 Bank accounts
201 Proper accounts to be kept
202 Application of money
203 Application of Public Finance Act 1989

Miscellaneous Provisions 204 Transfer of assets and liabilities on commencement
205 Taxes and duties in relation to property of existing institutions
206 Transfer of Crown assets and liabilities to institutions
207 Provisions relating to transfer of land
208 Title to land
209 Land certification
210 Maori land claims
211 District Land Registrar to register necessary memorial
212 Resumption of land on recommendations of Waitangi Tribunal
213 Resumption of land to be effected under Public Works Act 1981
214 Resumption of Wahi Tapu
215 Orders in Council relating to transfer of assets and liabilities
216 Interpretation relating to transfer of assets and liabilities
217 Effect of disestablishment
218 Taxes and duties where disestablished institution incorporated into other institution
219 Taxes and duties in other cases
220 Annual report
221 Annual report to be available for inspection
222 Delegation by Council

XVI: Courses and Students 223 Courses
224 Enrolment of students
225 Records relating to students
226 Secretary may require information
226A Disclosure of enrolment information to Department of Social Welfare
227 Fees for domestic students
228 Fees for foreign students
229 Fees payable to associations of students

XVII: Education Review Office 230__231 untitled record

XVIII: Private Training Establishments 232 Enrolment of foreign students
233 Provision of approved courses
234 Applications for registration
235 Certain applications not to be considered
236 Grant or refusal of application
236A Information, withdrawals, and refunds
236B Establishment to notify immigration officer if student withdraws from course
237 Cancellation of registration
238 Notice
238A Grants to private training establishments
238B Disclosure of enrolment information to Department of Social Welfare

XIX: 239 Definitions
240 Establishment of Committee
241 Functions of Committee
242 Powers of Committee
243 Devolution of certain property
244 Taxes and duties in relation to Vice-Chancellors Committee
245 General saving of statutes, etc., of University of New Zealand

XX: New Zealand Qualifications Authority 246 Definitions
247 Object
248 Establishment of Authority
249 Constitution
250 Committees
251 Delegation by Authority
252 Delegation by chief executive
253 Functions of Authority
254 General powers of Authority
255 Power to obtain information
256 Research
257 Entrance to universities
258 Approval of courses
259 Accreditation of institutions or private training establishments as providers of approved courses
260 Exercise of certain powers of Authority
261 Only accredited institutions or establishments to provide approved courses
262 Notice
263 Awards for approved nationally recognised courses
264 Applications for consents by Authority
265 Examination and assessment
266 Fees
267 Saving of certain statutes, etc., of University of New Zealand
268 Powers of Minister

XXI: Education and Training Support Agency 269 Definitions
270 Establishment of Agency
271 Functions of Agency
272 Establishment of Board
273 untitled record
273A Minister may require Board to negotiate document of accountability
273B Minister may prepare document where no agreement reached
273C Contents of documents
273D Amendments to documents
273E Revocation of documents
273F Board to comply with document of accountability
273G Non-compliance with document
273H Minister may dismiss Board where non-compliance not rectified
273I Minister to publish certain documents and directions
274__275 274, 275. Repealed by s. 19 of the Education Amendment Act 1993.
276 Powers of Board
277 Transitional provisions relating to Education and Training Support Agency

XXII: 278 Definitions
279 Establishment of Service
280 Functions of Service---
281 Establishment of Board
282 Duties of Board
283 untitled record
283A Minister may require Board to negotiate document of accountability
283B Minister may prepare document where no agreement reached
283C Contents of documents
283D Amendments to documents
283E Revocation of documents
283F Board to comply with document of accountability
283G Non-compliance with document
283H Minister may dismiss Board where non-compliance not rectified
283I Minister to publish certain documents and directions
284__285 untitled record
286 Powers of Board

XXIII: Tertiary Research Board 287 Definitions
288 Establishment of Board
289 Constitution of Board
290 Functions of Board
291 Powers of Board

XXIV: 292 Offences
293 Transitional provisions consequential on repeal of Adult Education Act 1963
294 Taxes and duties in relation to property of former National Council of Adult Education
295 Transitional provisions consequential on repeal of Trades Certification Act 1966
296 Taxes and duties in relation to property of former New Zealand Trades Certification Board
297 Transitional provisions consequential on repeal of Universities Act 1961
298 Taxes and duties in relation to certain property of former University Grants Committee
299 Transitional provisions consequential on repeal of Vocational Awards Act 1979
300 Taxes and duties in relation to property of former Authority for Advanced Vocational Awards
301 Regulations

XXV: Student Allowances 302 Interpretation
303 Student allowances
304 Student Allowance Appeal Authority
305 Appeals
306 Procedures to be prescribed
307 Information
307A Disclosure of student allowance information to Department of Social Welfare

XXVI: Early Childhood Education, and Home-Based Care 308 Interpretation

Funding 309 Bulk funding of chartered services
310 Loans to chartered services
311 Administrative requirements

Charters 312 Approval of charters
313 Effect of charter
314 Codes of practice
315 Repealed by s. 3 (2) (b) of the Education Amendment Act (No. 2) 1991.
315A Payment of fees for attendance of children at kindergartens

Licensing of Early Childhood Centres, etc. 316 Early childhood centres to be licensed
317 Regulations relating to licensing
318 Powers of entry and inspection
319 Centres situated on property owned by the Crown

XXVII: 320 Interpretation
321 Grants to other education services
322 Recognised bodies to keep accounts

XXVIII: 323 Interpretation
324 Educational services to which Part applies
325 Chief Review Officer to perform certain functions
326 Review officers
327 Powers of entry and inspection
328 Review officers to prove identity

XXIX: Learning Media Limited 329 Interpretation
330 Incorporation of company
331 Principal objects of company
332 >A
333 Application of Government Superannuation Fund Act 1956
334 Application of Public Finance Act 1989
335 Auditor
336 Application of Companies Act 1955
337 Personnel policy
338 Equal employment opportunities programme
339 Consultation with State Services Com-missioner
340 Existing rights, assets, liabilities, and debts

Schedule(s)

Amending Act/Rule(s)

1 The Education Act 1964
2 Short Title and commencement
3 Interpretation

I: Central Administration

Ministry of Education 4 untitled amendment
5 Advisory and technical committees
6 untitled amendment
7 Director General may appoint advisory and technical committees
8 untitled amendment
9 untitled amendment

II: Local Administration

Education Districts 10 untitled amendment

Education Boards 11 untitled amendment

Accounts of Boards 12 untitled amendment

School Committees 13 untitled amendment
14 untitled amendment

Governing Bodies of Secondary Schools 15 untitled amendment
16 untitled amendment
17 untitled amendment
18 untitled amendment
19 untitled amendment
20 untitled amendment
21 untitled amendment
22 untitled amendment
23 untitled amendment
24 untitled amendment
25 untitled amendment

Teachers College Councils 26 untitled amendment
27 untitled amendment
28 untitled amendment

Governing Bodies of Technical Institutes 29 untitled amendment
30 untitled amendment
31 untitled amendment
32 untitled amendment
33 Accounting, payment, and other administrative services

III: Establishment of Schools

Pre-school Education 34 Provision of pre-school education
35 untitled amendment
36 untitled amendment
37 untitled amendment

Primary Education 38 untitled amendment
39 Organisation and conduct of State primary schools and intermediate departments of secondary schools
40 untitled amendment
41 State primary schools to be kept open at certain times
42 Religious instruction and observances in State primary schools
43 Additional religious instruction
44 Attendance at religious instruction or observances not compulsory
45 Teachers may be freed from duties to take part in religious instruction or observances
46 Schools other than State primary schools not affected

Secondary Education 47 untitled amendment
48 Courses of study in secondary schools
49 untitled amendment

Composite Schools 50 untitled amendment
51 Regulations relating to composite schools
52 untitled amendment

Further Education---Technical and Continuation 53 Saving of technical institutes already established
54 untitled amendment
55 Recognition of classes or courses in continuing education
56 Revocation of recognition of classes or courses
57 untitled amendment
58 untitled amendment
59 Report on continuing education
60 Correspondence schools and classes for continuing education
61 untitled amendment
62 untitled amendment
63 Continuing education organisations

Special Education 64 Special schools and classes
65 Other special classes or services providing special education
66 Administration of special education

Maori Schools 67 untitled amendment
68 untitled amendment

Chatham Islands Schools 69 untitled amendment

Correspondence Schools 70 untitled amendment

School Camps 71 untitled amendment

Health Education 72 Parents to be consulted on treatment of health syllabus
73 Parents and guardians may require students to be excluded from health education classes

Teachers Colleges 74 untitled amendment

Schools Controlled by Director-General 75 Schools controlled by Director-General
76 Regulations for schools under control of Director-General
77 untitled amendment
78 untitled amendment

IV: Enrolment and Attendance of Pupils

Enrolment and Attendance 79 untitled amendment
80 untitled amendment
81 untitled amendment
82 untitled amendment
83 untitled amendment
84 untitled amendment
85 untitled amendment

IV: Suspension and Expulsion of Pupils 86 untitled amendment
87 untitled amendment
88 untitled amendment
89 Suspension or expulsion of pupils from private schools

V: Appointment and Employment of Teachers 90 untitled amendment

Registration of Teachers 91 untitled amendment

Constitution of Committees for Primary Appointments 92 untitled amendment

Appointment of Primary Teachers 93 untitled amendment
94 untitled amendment
95 untitled amendment

Primary Teachers Appointment Appeal Board 96 untitled amendment
97 untitled amendment
98 untitled amendment

Appointment of Secondary Teachers and Teachers in Technical Institutes 99 untitled amendment

V: Short-term Appointments at Technical Institutes, Community Colleges, and Colleges of Education 122 untitled amendment

V: Employees of Education Authorities 123 untitled amendment

VI: Teachers Incorporation and Court of Appeal 124 untitled amendment

Incorporation of Societies of Teachers 125 untitled amendment

Appeals by Teachers 126 untitled amendment

VII: Inspection of Schools 127 Repealed by s. 12 (2) (b) of the Education Amendment Act 1989.
128 untitled amendment
129 Inserted by s. 7 of the Education Amendment Act 1977, and repealed by s. 50 (5) of the Education Amendment Act 1990.
130 Repealed by s. 50 (5) of the Education Amendment Act 1990.
131 Inserted by s. 33 of the Education Amendment Act (No. 2) 1974, and repealed by s. 50 (5) of the Education Amendment Act 1990.
132 Repealed by s. 9 (3) (a) of the Education Amendment Act 1989.
133 Registration and inspection of courses of study at private colleges

I: Amendments to Education Act 1989 387 Part to be read with Education Act 1989
388 untitled amendment
389 untitled amendment
390 untitled amendment
391 This section inserted ss. 7A and 7B in the principal Act.
392 untitled amendment
393 untitled amendment
394 untitled amendment
395 untitled amendment
396 untitled amendment
397 untitled amendment
398 untitled amendment
399 untitled amendment
400 untitled amendment

II: Amendments to Education Act 1964 401 Part to be read with Education Act 1964
402 untitled amendment
403 untitled amendment
404 Repealed by s. 50 (4) of the Education Amendment Act 1990.
405 Bulk funding of early childhood educational institutions

III: Amendments to University Acts 406 Repealed by s. 50 (4) of the Education Amendment Act 1990.
407 Sections to be read with Lincoln University Act 1961
408 Constitution of University
409 untitled amendment
410 untitled amendment
411 Court of Convocation elections
412 The Education Amendment Act 1990
413 Short Title and commencement

II: Provisions Relating to Tertiary Education and Training 446 untitled amendment
447 untitled amendment
448 untitled amendment
449 untitled amendment
450 untitled amendment
451 untitled amendment
452 untitled amendment
453 untitled amendment
454 untitled amendment
455 untitled amendment
456 untitled amendment
457 untitled amendment
458 Addition of Schedules to principal Act

III: Student Allowances, and Early Childhood Education and Home-Based Care 459 untitled amendment
460 untitled amendment

IV: Repeals, Amendments, and Revocations 461 Consequential amendments and repeals
462 Consequential amendment and revocation of regulations
24 FIRST SCHEDULE: New Schedules to Principal Act
25 SECOND SCHEDULE: Amendments Coming Into Force Immediately
26 THIRD SCHEDULE: Consequential Amendments Coming into Force on 1 October 1990
27 FOURTH SCHEDULE: Consequential Amendments Coming into Force on 1 November 1990
28 FIFTH SCHEDULE: Consequential Amendments Coming into Force on 1 January 1991
29 SIXTH SCHEDULE: Enactments Repealed
30 SEVENTH SCHEDULE: Consequential Amendments of Regulations
31 EIGHTH SCHEDULE: Regulations Revoked
463 The The Education Amendment Act (No. 2) 1990
464 Short Title and commencement
465 Transitional operation of colleges of education and specialist institutions
466 The The Education Amendment Act (No. 3) 1990
467 Short Title
468 untitled amendment
469 The The Education Amendment Act 1991
470 Short Title

I: Restriction On Attendance At Certain Schools 471 untitled amendment

II: Enrolment Schemes 472 untitled amendment
473 untitled amendment
474 Transitional effect of existing limitations and schemes
475 untitled amendment
476 Consequential repeals

II: Review of Educational Services 555 untitled amendment
556 untitled amendment

III: Learning Media Limited 557 untitled amendment
558 Consequential amendments

IV: Amendments to Education Act 1964 559 Part to be read with Education Act 1964
560 untitled amendment
34 : Enactments Amended
561 The The Education Amendment Act (No. 2) 1993
562 Short Title and commencement
563 Transfer of Crown assets and liabilities to institutions
564 The The Education Amendment Act 1994
565 Short Title
566 untitled amendment
567 untitled amendment

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