1: Title
This Act is the Education and Training Amendment Act 2024.
2: Commencement
This Act comes into force on the day after Royal assent.
3: Principal Act
This Act amends the Education and Training Act 2020 2024-10-01 Education and Training Act 2020
1: Amendments to principal Act
4: Section 10 amended (Interpretation)
1: In section 10(1) contract of enrolment State school or a sponsor
2: In section 10(1) employer
aa: a sponsor:
3: In section 10(1) excluded early childhood service
4: In section 10(1) Charter School Agency Agency charter school contract
a: in relation to the operation of a charter school, a contract entered into under section 212L
b: in relation to a sponsor, a contract to which the sponsor and the Agency are parties charter school/kura hourua charter school
a: the Authorisation Board has approved a sponsor under section 212I
b: a charter school contract with the Crown is in force Charter Schools Authorisation Board Authorisation Board section 212A converting school Crown agent person responsible for teaching and learning section 212O(d)(ii) proposed sponsor section 212F(1)(a) sponsor section 212I
5: In section 10(1) registered school or a private school a private school, or a charter school
6: In section 10(1) relevant school
e: a charter school
7: In section 10(1) school community board or a sponsor
8: In section 10(1) tertiary component
ia: a sponsor of a secondary school or composite school:
9: Repeal section 10(3A)
10: Repeal section 10(13)
5: Sections 17 to 18C repealed
Repeal sections 17 to 18C
6: Section 31 amended (Outline of Part 3)
After section 31(7)
7A: Subpart 6A
7: Section 32 amended (Purpose of Part 3)
1: After section 32(d)
da: providing for the approval of governing bodies for charter schools/kura hourua and their duties, powers, administration, and accountabilities; and
2: In section 32(e) State schools and charter schools
8: Section 33 amended (Right to free enrolment and free education at State schools (including entitlement to attend full-time))
1: In the heading to section 33 State schools or charter schools
2: In section 33(1) State school or charter school
9: Section 34 amended (Students with special educational needs have same rights to education at State schools as others)
1: In the heading to section 34 State schools or charter schools
2: In section 34(1) State schools or charter schools
10: Section 36 amended (Students of registered schools required to attend whenever schools are open)
In section 36(2) board or sponsor
11: Section 37 amended (Special education)
In section 37(1) and (2) State school , charter school,
12: Section 43 amended (Exceptions to attendance because of secondary–tertiary programmes and multiple timetable arrangements)
In section 43(3) board or a sponsor
13: Section 48 amended (Board of State school may appoint attendance officer)
1: In the heading to section 48 State school or sponsor
2: In section 48(1) board of a State school or a sponsor
3: In section 48(2) and (3) board or sponsor
14: Section 49 amended (Powers of attendance officers and constables)
1: Replace section 49(4)
4: The following persons may file charging documents, conduct prosecutions, and take any other proceedings under this Part:
a: an attendance officer:
b: a principal:
c: the person responsible for teaching and learning in a charter school:
d: a person appointed by a board, a sponsor, or the Secretary for the purpose.
2: In section 49(5)
a: after board or a sponsor
b: after board’s or a sponsor’s
15: Section 50 amended (Release from tuition on religious or cultural grounds)
1: Replace section 50(1)
1: This section applies to students enrolled at—
a: a State school that is not a State integrated school; or
b: a charter school.
2: In section 50(2), (4), (5), and (6) principal or person responsible for teaching and learning in a charter school
16: Section 51 amended (Release from tuition for specified parts of health curriculum)
1: In section 51(1)
a: after State school or charter school
b: after principal or person responsible for teaching and learning in a charter school
2: In section 51(2) and (3) principal or person responsible for teaching and learning in a charter school
17: Section 52 amended (Release from tuition for outside tuition or if good reasons to leave early)
1: In section 52 principal of a State school or person responsible for teaching and learning in a charter school
2: In section 52(a) principal or person responsible for teaching and learning in a charter school
18: Section 53 amended (Courses, work experience, and visits outside school premises)
1: In section 53(1) board or sponsor
2: In section 53(3) principal or person responsible for teaching and learning in a charter school
19: Section 63 amended (Cohort entry policy)
In section 63(1) State school or charter school
20: Section 64 amended (Dates for starting school under cohort entry policy)
In section 64(1) State school or charter school
21: Section 65 amended (Adoption or revocation of cohort entry policy)
1: In section 65(1) State school or charter school
2: In section 65(1), (1)(b), (2), and (3) board or sponsor
22: Section 76 amended (Secretary may direct that students attend particular schools)
1: Replace section 76(1)
1: The Secretary may, on the recommendation of the chief executive of Oranga Tamariki, direct—
a: the board of a State school to enrol a person at the school; or
b: the sponsor to enrol a person at the charter school.
2: In section 76(2)(b) and (3) board or sponsor
23: Section 77 amended (Principals may preclude students for health reasons)
1: In the heading to section 77 Principals or persons responsible for teaching and learning
2: In section 77(1) A principal of a State school or the person responsible for teaching and learning in a charter school
3: In section 77(2)
a: after principal or person responsible for teaching and learning in a charter school
b: after board or sponsor
4: In section 77(3) and (3)(b) board or sponsor
5: Replace section 77(4)
4: The following persons are not liable for any act done or omitted in good faith with reasonable care in exercising or performing, or in intending to exercise or perform, a power or duty under this section:
a: a principal:
b: the person responsible for teaching and learning in a charter school:
c: a board:
d: a sponsor.
24: Section 78 amended (Purpose of sections 79 to 89)
In section 78 State school or a charter school
25: Section 79 amended (Application of sections 80 to 89)
In section 79 State school or a charter school
26: Section 80 amended (Principals of State schools may stand down or suspend students)
1: In the heading to section 80 State schools or persons responsible for teaching and learning in charter schools
2: In section 80(1) The principal of a State school or the person responsible for teaching and learning in a charter school
3: In section 80(2)(d) and (3)(a) and (b) principal or person responsible for teaching and learning in a charter school
27: Section 81 amended (Powers of State school board when suspended students aged under 16 years)
1: In the heading to section 81 State school board and charter school sponsor
2: In section 81(1)
a: after State school or a charter school
b: after board or the sponsor
3: In section 81(2) board or sponsor
4: In section 81(3)
a: after principal or person responsible for teaching and learning in a charter school
b: after board or sponsor
5: In section 81(4) and (5) board or sponsor
6: In section 81(6)
a: after board or sponsor
b: after principal or person responsible for teaching and learning in a charter school
7: In section 81(7)
a: after principal or person responsible for teaching and learning in a charter school
b: after board’s or sponsor’s
28: Section 82 amended (Secretary’s powers when excluded students aged under 16 years)
1: In section 82(1)
a: after board of a State school or a sponsor
b: after principal or person responsible for teaching and learning in a charter school
2: Replace section 82(1)(b)
b: arrange for, and if necessary direct, the following to enrol the student at the other school:
i: the board of any other State school (other than a State integrated school):
ii: the sponsor of any other charter school.
3: In section 82(2)(c), (3), and (4) board or the sponsor
29: Section 83 amended (Powers of State school board when suspended students aged 16 years or over)
1: In the heading to section 83 board and charter school sponsor
2: In section 83(1)
a: after State school or a charter school
b: after board or sponsor
3: In section 83(2) board or sponsor
4: In section 83(3)
a: after principal or person responsible for teaching and learning in a charter school
b: after board or sponsor
5: In section 83(4) and (5) board or sponsor
30: Section 84 amended (Duties of principals when students stood down or suspended from State schools)
1: Replace the heading to section 84 Duties of principals or persons responsible for teaching and learning when students stood down or suspended from State schools or charter schools
2: In section 84(1) State school or a charter school
3: In section 84(1) and (2) principal or person responsible for teaching and learning in a charter school
31: Section 85 amended (Who may attend State school board meeting concerning suspensions)
1: Replace the heading to section 85 Who may attend meeting concerning suspension
2: In section 85(1) State school or a charter school
3: In section 85(1) and (2) board or sponsor
32: Section 86 amended (Effect of suspension on school register)
In section 86(1), (2), and (3) State school or a charter school
33: Section 87 amended (Re-enrolment of excluded or expelled student)
1: In section 87(1) board of a State school or a sponsor
2: In section 87(2)
a: after board of a State school or a sponsor
b: after another State school or another charter school
3: After section 87(3)
3A: The Secretary may, in the case of a student who has turned 16 years, direct the sponsor of another charter school to enrol a student at the charter school if—
a: the student has been expelled from a charter school under section 83; and
b: the Secretary has made all reasonable attempts to consult—
i: the student; and
ii: a parent of the student; and
iii: the sponsor; and
iv: any other person or organisation that, in the Secretary’s opinion, may be interested in, or able to advise on or help with, the student’s education or welfare.
4: In section 87(4) board or sponsor
34: Section 88 amended (Notice requirements for stand-downs, suspensions, exclusions, and expulsions)
1: In section 88(1) principal or person responsible for teaching and learning in a charter school
2: Replace section 88(1)(b)
b: the reasons for the decision of the principal or person responsible for teaching and learning in a charter school; and
3: In section 88(2)
a: after principal or person responsible for teaching and learning in a charter school
b: after board or sponsor
4: Replace section 88(2)(b)
b: the reasons for the decision of the principal or person responsible for teaching and learning in a charter school.
5: In section 88(3)
a: after principal or person responsible for teaching and learning in a charter school
b: after board or sponsor
6: Replace section 88(3)(b)
b: the reasons for the decision of—
i: the principal; or
ii: the person responsible for teaching and learning in a charter school; or
iii: the board; or
iv: the sponsor.
7: In section 88(4) board or sponsor
35: Section 89 amended (Secretary may make rules)
1: In section 89(1) boards, principals, boards, sponsors, principals, persons responsible for teaching and learning in charter schools,
2: In section 89(1)(c) principal and board principal (or person responsible for teaching and learning in a charter school) and board (or sponsor)
36: Section 92 amended (Restrictions on appointment of teachers)
After section 92(2)
3: Despite subsection (2), an employer who is a sponsor may permanently appoint to a teaching position a person who holds a limited authority to teach.
37: Section 98 amended (Prohibition on corporal punishment and seclusion in registered schools)
In section 98(a) and (b) the school’s board , the sponsor,
38: Section 102 amended (Students at State schools may be released from tuition or for outside tuition)
1: In the heading to section 102 State schools or charter schools
2: In section 102(1), (2), and (3) State school or a charter school
39: Section 103 amended (Students at State schools must receive guidance and counselling and their parents must be told about certain things)
1: In the heading to section 103 State schools or charter schools
2: In section 103 principal of a State school or the person responsible for teaching and learning at a charter school
3: In section 103(c) in the principal’s opinion in the opinion of the principal or person responsible for teaching and learning at a charter school (as the case may be)
40: Section 104 amended (Required Police vetting)
In section 104 board of a State school , the sponsor,
41: New subpart 6A of Part 3 inserted
After section 212
6A: Charter schools/kura hourua
Authorisation Board
212A: Authorisation Board established
1: This section establishes the Charter Schools Authorisation Board.
2: The Authorisation Board is a body corporate with perpetual succession and is capable of—
a: holding real and personal property; and
b: suing and being sued; and
c: otherwise doing and suffering all that bodies corporate may do and suffer.
212B: Membership of Authorisation Board
1: The Authorisation Board consists of at least 5, but not more than 9, members appointed by the Minister by notice in the Gazette
2: In appointing members, the Minister must have regard to the knowledge, skills, and experience necessary to carry out the Authorisation Board’s functions, including in the following areas:
a: education:
b: governance:
c: leadership:
d: financial management:
e: audit and performance management:
f: legal and property management:
g: procurement and contracting:
h: engagement with Māori, Pacific people, and other stakeholders.
212C: Functions and powers of Authorisation Board
1: The functions of the Authorisation Board are to—
a: decide on applications by proposed sponsors to operate charter schools:
b: oversee the performance of charter schools:
c: provide advice to the Minister on the operation of the charter school model:
d: provide any other advice or oversight that the Minister requests in writing:
e: decide whether to apply an intervention referred to in section 212ZF
f: perform any other functions conferred on it by this Act or any other legislation.
2: The Authorisation Board may exercise its powers only for the purpose of performing its functions.
3: Schedule 6A
212D: Application of Public Service Act 2020 to Authorisation Board
Sections 12 and 17 to 20 of the Public Service Act 2020 apply, with any necessary modifications, to the Authorisation Board as if it were a Crown agent.
212E: Application of Crown Entities Act 2004 to Authorisation Board
The provisions of the Crown Entities Act 2004 set out in Schedule 6B Application to operate charter school
212F: Application for approval to operate charter schools
1: The following may apply to the Authorisation Board for approval to operate a charter school:
a: a body corporate, corporation sole, limited partnership, institution, or related entity (a proposed sponsor
b: in the case of a converting school,—
i: the school’s board with the support of the proposed sponsor; or
ii: 1 or more members of the school community with the support of the proposed sponsor.
2: The application must—
a: be in the approved form (if any); and
b: be accompanied by—
i: evidence or information specified in the approved form; and
ii: the prescribed fee (if any).
3: The Authorisation Board may require the applicant to provide further information to support the application.
4: The chief executive of the Agency may approve forms for the purposes of this section.
212G: Minister may direct board to apply to convert State school to charter school
1: The Minister may, in the Minister’s absolute discretion and after considering whether it is appropriate in all the circumstances, direct the board of a State school to make an application to the Authorisation Board to convert the State school to a charter school.
2: Before issuing a direction under subsection (1), the Minister must first seek the views of the Authorisation Board about whether the State school would be appropriate to convert to a charter school.
3: A direction issued by the Minister must specify the proposed sponsor of the charter school.
4: The board must make an application to the Authorisation Board with the support of the proposed sponsor named in the direction as soon as practicable after receiving the direction.
5: Sections 212F, 212I, 212J, and 212K
212H: Restriction on applications and directions
1: A specialist school may not apply under section 212F
2: The Minister may not issue a direction under section 212G
a: a specialist school:
b: a State integrated school:
c: a distance school:
d: a Kura Kaupapa Māori:
e: a designated character school. Approval of sponsor
212I: Authorisation Board may approve sponsor
General criteria
1: The Authorisation Board may approve a sponsor to operate a charter school if satisfied that the proposed sponsor and every governing member of the proposed sponsor are fit and proper persons (after considering the criteria set out in section 212J
2: When deciding whether to approve a proposed sponsor, the Authorisation Board must take into account the following matters:
a: the focus of the proposed charter school:
b: the capability of the proposed sponsor, including—
i: its experience and knowledge of the New Zealand schooling system; and
ii: its financial and governance capability:
c: the standard of tuition to be provided by the proposed charter school, including—
i: the mode of curriculum delivery; and
ii: the regularity of instruction:
d: the financial implications for the Crown if the proposed charter school is established:
e: whether the purpose in section 32(e) would be achieved if the proposed charter school is established:
f: the level of support for the proposed charter school from the community in which it is proposed to be established:
g: any other matters that the Authorisation Board considers relevant.
3: The Authorisation Board must seek the views of the Secretary and the Chief Review Officer on the matters set out in subsections (1) and (2). Additional criteria for converting schools
4: In the case of a converting school, the Authorisation Board must also take into account the following matters:
a: the performance of the State school:
b: the level of support from the school community, school staff, and students for the proposed sponsor:
c: the level of support from the school community, school staff, and students for the proposed conversion of the school to a charter school.
5: For the purpose of ascertaining the matters in subsection (4)
a: must consult the school board, school community, school staff, and students; and
b: may consult any other person it thinks fit.
212J: Criteria for assessing whether proposed sponsor and governing members are fit and proper persons
Assessment of proposed sponsor
1: In assessing whether a proposed sponsor is a fit and proper person to operate a charter school, the Authorisation Board must take into account the following matters:
a: whether the proposed sponsor has been convicted of any offence involving fraud or any crime involving dishonesty:
b: whether the proposed sponsor owes or has owed money to the Crown, including in respect of bodies the proposed sponsor has been involved in managing:
c: whether an intervention has been applied in relation to another charter school which the proposed sponsor is or was operating:
d: whether the proposed sponsor committed a serious or repeated breach of the sponsor’s statutory duties in relation to another charter school:
e: any other matters that the Authorisation Board considers relevant. Assessment of governing members
2: In assessing whether a governing member of a proposed sponsor is a fit and proper person to operate a charter school, the Authorisation Board must take into account the following matters:
a: whether the person has been convicted of serious criminal activity (as defined in section 10(1)):
b: whether the person has been—
i: adjudicated bankrupt under the Insolvency Act 2006:
ii: prohibited from being a director or promoter of, or being concerned or taking part in the management of,—
A: a company under the Companies Act 1993; or
B: any other body corporate:
c: whether an intervention has been applied in relation to another charter school of which the person is or was a governing member of the sponsor:
d: whether the person committed a serious or repeated breach of the person’s statutory duties as a governing member of the sponsor:
e: any other matters that the Authorisation Board considers relevant.
3: For the purposes of subsection (2), if the proposed sponsor is—
a: a company, the assessment applies to its directors:
b: an incorporated society or an incorporated trust board, the assessment applies to its governing members:
c: another body corporate, corporation sole, institution, or its related entity, the assessment applies to its governing members:
d: a limited partnership, the assessment applies to its partners as defined in the Limited Partnerships Act 2008.
212K: Conditions on approval
1: If the school to which an approval relates is a converting school, the following conditions apply to the approval:
a: all students currently enrolled at the State school who wish to attend the charter school must be allowed to do so:
b: if the State school is a designated character school, a Kura Kaupapa Māori, or a State integrated school, the character of the school must be maintained:
c: if the State school is an ordinary State school, it must not provide education with a special character or that is different from the character of ordinary State schools.
2: When granting an approval of a sponsor, the Authorisation Board may impose any other conditions on the approval as it thinks fit, including conditions relating to the maximum number of international students that may be enrolled at the charter school.
3: The Authorisation Board may—
a: impose new conditions on the approval; or
b: amend or revoke any existing conditions.
4: However, the Authorisation Board may not amend or remove the conditions specified in subsection (1). Charter school contracts
212L: Charter school contracts
1: The Agency may, in the name and on behalf of the Crown, enter into a contract with a sponsor that allows the sponsor to operate a charter school.
2: If the Agency is unable to conclude a contract with the sponsor within a reasonable time, it must refer the matter back to the Authorisation Board for further consideration.
3: When negotiating a charter school contract, the Agency must have regard to the available budget for charter schools.
4: The charter school contract must be for a fixed term.
5: The charter school contract must set out, or provide for, the following matters:
a: the physical capacity of the school premises:
b: the conditions that apply to the approval of the sponsor under section 212K
c: whether the sponsor intends to operate the charter school for profit or not-for-profit:
d: the performance targets and outcomes that the sponsor must meet in relation to the operation of the school:
e: the specific measures to be used to determine if the performance targets and outcomes referred to in paragraph (d) have been met or achieved:
f: the time period to which annual financial statements referred to in section 212S
g: an annual self-audit report to be provided by the sponsor to the chief executive of the Agency by a specified date that includes—
i: a report on the performance targets and outcomes of the sponsor under the contract:
ii: a report on the sponsor’s compliance with contractual and legislative obligations in relation to the charter school:
iii: the annual financial statements referred to in section 212S
h: the number or percentage of teaching positions at the charter school that—
i: must be filled by persons holding a practising certificate; and
ii: may be filled by persons holding a limited authority to teach:
i: the curriculum to be taught at the charter school and its mode of delivery:
j: the qualifications to be offered by the charter school (if it is a secondary or composite school):
k: the renewal and termination of the contract:
l: the obligations of the sponsor to comply with any instructions issued by the Agency if the contract expires or is terminated to ensure the orderly and efficient transfer of the operation of the school:
m: the charter school to have a complaints policy, including a procedure for the independent review of complaints:
n: the grounds for the Authorisation Board to apply an intervention under section 212ZF(1)(a), (b), or (c)
o: the process that the Authorisation Board must follow in applying an intervention under section 212ZF
p: in the case of a converting school, the conversion date for the school. Additional requirements for charter schools that offer or provide distance learning
6: The charter school contract for a charter school that offers or provides distance learning must also set out, or provide for, the following matters:
a: how student engagement and attendance will be measured and ensured:
b: pastoral care, including the online safety of students and adequate supervision arrangements for students aged under 16 years.
7: The charter school contract may contain other provisions as agreed between the Agency and the sponsor that are not inconsistent with this Act, any other legislation, or the general law of New Zealand. Notification of charter school
212M: Notification of charter school
1: The Minister must, by notice in the Gazette
2: A notice under subsection (1) must specify—
a: the name and location of the charter school to which the contract relates; and
b: the name of the sponsor; and
c: whether the charter school is to be a primary, secondary, or composite school; and
d: if the charter school will offer or provide distance learning and, if so, whether the school’s main mode of curriculum delivery will be distance learning; and
e: the year levels for which education may be given at the school; and
f: any religious, philosophical, or other distinguishing characteristics of the school; and
g: whether all or any (and if so, which) year levels are to be single-sex.
3: A notice under subsection (1) may provide for different year levels to be phased in over a specified period.
212N: Prohibition on operating charter school without approval
1: A person that has not been approved as a sponsor under section 212I
2: A sponsor may not operate a charter school unless the sponsor has entered into a charter school contract with the Agency to operate the school. Duties and powers of sponsors
212O: Duties of sponsors
A sponsor must—
a: govern the school so as to ensure that every student is able to attain the highest possible standard of educational achievement; and
b: ensure that every governing member of the sponsor remains a fit and proper person to operate the school; and
c: ensure that a safe physical and emotional environment is provided for students and staff; and
d: appoint—
i: a chief executive to be responsible for the day-to-day management of the school:
ii: a person to be the person responsible overall for teaching and learning at the school who is appropriately qualified and holds a current practising certificate; and
e: ensure that teachers employed in the school have the necessary qualifications and skills to teach; and
f: ensure that the school’s chief executive and staff develop and deliver a curriculum for teaching, learning, and assessment—
i: having regard to any statement of national education and learning priorities; and
ii: that meets tuition standards at least equivalent to those at State schools of the same year levels; and
g: in operating the school, have regard to any statement of national education and learning priorities; and
h: ensure that students have access to a nationally and internationally recognised qualification system; and
i: inform parents of the progress of their children at school, and any barriers to progress, at intervals specified in the charter school contract; and
j: make details of the curriculum and its mode of delivery available to parents; and
k: have policies relating to the following matters:
i: internal disputes management:
ii: engagement with the school community; and
l: ensure that any complaints against the school are responded to promptly.
212P: Sponsor to control management of charter school
1: A sponsor has complete discretion to control the management of the school as the sponsor thinks fit.
2: A sponsor may make any bylaws that the sponsor thinks necessary or desirable for the control and management of the school.
3: Subsections (1) and (2) are subject to this Act, any other legislation, the general law of New Zealand, and the charter school contract.
4: Before making a bylaw, the sponsor must consult its staff, its students (to the extent that the sponsor considers appropriate), and the school community regarding the proposed bylaw.
212Q: Sponsor’s power to delegate
1: A sponsor may, either generally or specifically, delegate any of its functions, duties, or powers under this Act to any person.
2: A delegation—
a: must be in writing; and
b: may be revoked at will in writing; and
c: may be subject to instructions or conditions.
3: Despite subsection (1), a sponsor must not delegate—
a: the general power of delegation:
b: its power to make bylaws set out in section 212P
c: its functions, duties, or powers relating to the standing-down, suspension, exclusion, or expulsion of students set out in rules made under this Act.
4: The person to whom any functions, duties, or powers are delegated under this section may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act (subject to any general or special instructions given or conditions imposed by the sponsor).
5: A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of that delegation. Subdelegation
6: If the sponsor has delegated any functions, duties, or powers to a person, that person may, with the written approval of the sponsor, subdelegate those functions, duties, or powers to another person.
7: Subsection (2) applies to a subdelegation under subsection (6).
212R: Charter schools situated on land owned by, or leased to, the Crown
1: The operation of a charter school on land owned by, or leased to, the Crown, and the occupation by a charter school of any building on that land, may be governed by—
a: a lease, tenancy, or licence between the Crown and the sponsor; or
b: a lease between a third party (to whom a lease has been granted by the Crown) and the sponsor.
2: In this section, lease 1989 No 80 s 319J(1), (4)
212S: Annual financial statements
1: A sponsor must ensure the preparation of annual financial statements relating to the charter school for a year ending on a date specified in the charter school contract.
2: The financial statements must be audited by a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013).
212T: Charter school may participate in school risk management scheme
1: A sponsor may, with the consent of the Secretary, participate in a school risk management scheme established under section 576.
2: Sections 576 and 577, any regulations made under section 642, and any legal instrument by which a school risk management scheme is established apply to a sponsor that participates in the scheme as if it were a participating school board. 1989 No 80 s 158L Enrolment, conditions of enrolment, and instruction of students
212U: Enrolment in charter schools
1: A charter school must enrol all domestic students entitled to free enrolment and free education under section 33 who apply to the school (up to the physical capacity of the school premises as stated in the charter school contract).
2: However, a charter school may refuse to enrol a student if a parent, or other person who has accepted responsibility for the education of the student, refuses to accept that the school operates in accordance with any religious, philosophical, or other distinguishing characteristics approved by the Authorisation Board and notified in the Gazette section 212M(2)(f)
3: Subsections (4) and (5) apply if a charter school receives more applications than there are places at the school.
4: If the charter school was previously a State school that had an enrolment scheme in place before its conversion to a charter school, the order of priority is as follows:
a: first priority must be given to any applicant who lives in the area of the converting school’s previous home zone:
b: second priority must be given to any student accepted for enrolment in a special programme run by the school, if applicable:
c: third priority must be given to any applicant who is the sibling of a current student of the school:
d: fourth priority must be given to any applicant who is the sibling of a former student of the school:
e: fifth priority must be given to any applicant who is a child of a former student of the school:
f: sixth priority must be given to any applicant who is a child of an employee of the sponsor or a child of a member of the sponsor:
g: seventh priority must be given to all other applicants.
5: For all other charter schools, the order of priority is as follows:
a: first priority must be given to any applicant who is the sibling of a current student of the school:
b: second priority must be given to any applicant who is the sibling of a former student of the school:
c: third priority must be given to all other applicants.
6: For the purposes of subsections (4) and (5),—
a: if there are more applicants within a priority group than there are places available, applicants must be selected by ballot; and
b: if 2 or more siblings apply at the same time, their applications must be treated as a single application for the purpose of the ballot.
7: In this section, sibling
212V: Students at charter school may be given tuition by State school or another charter school
1: Students enrolled at a charter school may, by agreement between the sponsor of a charter school and the board of a State school, receive tuition at or from a State school.
2: Students enrolled at a charter school may, by agreement between the sponsors concerned, receive tuition at or from another charter school.
3: The sponsor of a charter school at which the students are enrolled may pay the board of the State school or the sponsor of the other charter school giving the tuition.
4: Tuition provided under this section may be delivered through any medium, including digital technology.
212W: Property maintenance fee
1: This section applies if an integration agreement that was in force immediately before a State integrated school became a charter school allowed the proprietor to charge attendance dues.
2: The sponsor may, if the charter school contract for the school provides, require a parent or other person who has accepted the responsibility for the education of a student at the charter school to pay a property maintenance fee as a condition of the student’s enrolment at the school.
3: The fee must be paid at the rate, and subject to any conditions, specified in the charter school contract.
4: Revenue that the sponsor receives from the property maintenance fee must be used solely for the following:
a: paying for improvements to the charter school’s buildings and associated facilities as specified or provided for in the charter school contract:
b: any capital works as specified or provided for in the charter school contract:
c: meeting debts, mortgages, liens, or other charges associated with the land and the buildings that constitute the premises of the charter school.
5: No revenue that the sponsor receives from property maintenance fees may be used to provide or improve the charter school’s buildings and associated facilities to a standard higher than that appropriate for a comparable State school. 1989 No 80 s 447
212X: Failure to pay property maintenance fee
1: If a parent, or other person who has accepted the responsibility for the education of a student at a charter school, has entered into an agreement to pay a property maintenance fee and fails to make a payment, the payment is recoverable from the parent or other person in any court of competent jurisdiction as a debt due to the sponsor.
2: In addition, any failure to make payment constitutes grounds for the sponsor of the charter school to suspend the student’s attendance at that school and to remove the student’s name from the school register.
3: However, no student may be suspended and have the student’s name removed from the school register until arrangements have been made to the satisfaction of the Secretary for the student to be enrolled at another registered school. 1989 No 80 s 449
212Y: Accounts for property maintenance fees
1: A sponsor who is permitted to charge property maintenance fees must keep accounts in a manner approved by the chief executive of the Agency, showing—
a: the total amount of fees received; and
b: how the fees have been spent.
2: The accounts must be—
a: balanced at a date each year approved by the chief executive; and
b: audited by a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013).
3: The sponsor must send a copy of the accounts, together with the auditor’s report on them, to the chief executive by a date to be approved by the chief executive. 1989 No 80 s 450
212Z: Religious instruction and observances
1: A charter school may provide religious instruction and observances only if permitted under its charter school contract.
2: If religious instruction and observances form part of the education with a special character provided by a charter school, these may continue to form part of the general school programme in accordance with the terms and conditions set out in the charter school contract relating to that school.
3: If religious instruction and observances form part of the education with a special character provided by a charter school, that school—
a: must be responsive to the sensitivities of students and parents of different religious or philosophical affiliations; and
b: may not require a student of a different religious or philosophical affiliation to participate in religious observances and religious instruction concerned with particular observances if a parent of the student states that they do not wish that student to participate. Multiple timetable arrangements
212ZA: Multiple timetable arrangements at charter schools
1: A sponsor may run a multiple timetable arrangement at a charter school for a specified period if the sponsor is satisfied that the arrangement is appropriate in the circumstances.
2: A sponsor must take all reasonable steps to notify every affected student and the student’s parents in writing of—
a: the multiple timetable arrangement; and
b: the time periods for each day during which the affected student’s timetable will run. 1989 No 80 s 158Q Employment and appointment of teachers
212ZB: Religious instruction: appointments to special positions relating to character of charter school
If religious instruction forms part of the special character of a charter school, advertisements for the position of the chief executive and the person responsible for teaching and learning at the school may state that a willingness and an ability to take part in religious instruction appropriate to that school are conditions of appointment.
212ZC: Effect of religious instruction requirements in advertisements
If, in accordance with section 212ZB
212ZD: Restrictions on requirement for teacher to take part in religious instruction
1: The appointment of a teacher to a position in a charter school may not be conditional on the willingness and ability of that teacher to take part in religious instruction, and no appointed teacher may be required to take part.
2: Subsection (1) is subject to section 212ZB Multi-employer collective agreements
212ZE: Restriction on initiating bargaining for multi-employer collective agreement involving sponsor
1: This section applies to a union whose members include employees of a sponsor.
2: The union may not initiate bargaining under the Employment Relations Act 2000 for a multi-employer collective agreement (as defined in section 33(5) of that Act) with—
a: 2 or more sponsors; or
b: 1 or more sponsors and any 1 or more other employers. Interventions
212ZF: Interventions in charter schools by Authorisation Board
Types of interventions
1: The Authorisation Board may apply 1 or more of the following interventions in relation to a sponsor:
a: require the Chief Review Officer to review the governance and management of the charter school by the sponsor:
b: require a sponsor to provide the Authorisation Board (or any other person authorised by the Authorisation Board) with the following at a given time, at specified intervals, or both:
i: specified information:
ii: an analysis of the specified information to be provided:
c: require a sponsor to do the following at a given time, at specified intervals, or both:
i: carry out a specified action:
ii: provide the chief executive of the Agency with a report (for example, a progress report and a final report) on the action taken:
d: terminate the charter school contract with a sponsor:
e: terminate the charter school contract with a sponsor and replace the sponsor with another sponsor. Grounds for intervention
2: The Authorisation Board may apply an intervention described in subsection (1)(a), (b), or (c) if permitted under the relevant charter school contract.
3: The Authorisation Board may apply an intervention described in subsection (1)(d) or (e) only if it considers that a less serious intervention is not sufficient to deal with the matter, and either of the following circumstances applies:
a: the Authorisation Board has reasonable grounds to believe that the sponsor—
i: has failed to comply with any of its contractual or legislative obligations in respect of the charter school; and
ii: has not remedied the failure within a reasonable time or the failure cannot be remedied:
b: the Authorisation Board has reasonable grounds to believe that—
i: a significant risk exists that the sponsor will fail to comply with any of its contractual or legislative obligations in respect of the charter school; and
ii: the sponsor is unlikely to mitigate that risk within a reasonable time. General process for applying interventions
4: The Authorisation Board must ensure that any interventions in subsection (1) are applied in accordance with relevant provisions of the charter school contract. Process for applying specified interventions
5: The Authorisation Board’s written notice to the sponsor terminating the charter school contract must contain the following information:
a: details of the contractual or legislative obligation the sponsor has failed to comply with; and
b: the grounds for the Authorisation Board’s belief that the sponsor is at risk of failing to comply with specified contractual or legislative obligations; and
c: whether the sponsor will be replaced by another sponsor; and if so, the reasons for the replacement.
6: If the Authorisation Board proposes to replace a sponsor, it—
a: must consult the sponsor, school community, school staff, and students; and
b: may consult any other person it thinks fit.
212ZG: Obligations of sponsor subject to intervention
1: A sponsor subject to an intervention under section 212ZF
a: reasonable access to the school on request; and
b: any reasonable assistance on request.
2: If a sponsor is required to provide information under section 212ZF(1)(b)
a: within the time, or at the intervals, or both, specified by the Authorisation Board; and
b: in the form (if any) required by the Authorisation Board.
3: If a sponsor is required to carry out a specified action or provide a report to the Authorisation Board under section 212ZF(1)(c)
a: within the time, or at the intervals, or both, specified by the Authorisation Board; and
b: in the form (if any) required by the Authorisation Board.
212ZH: Process relating to replacement of sponsor
1: The Authorisation Board may, without receiving an application under section 212F
a: a replacement sponsor to operate the charter school; or
b: a temporary sponsor to operate the charter school before replacing the sponsor under subsection (1)(a).
2: A replacement sponsor or temporary replacement sponsor must be a body corporate, corporation sole, limited partnership, institution, or related entity.
3: Sections 212I, 212J, and 212K
4: Section 212L Application of other legislation to charter schools
212ZI: Application of New Zealand Bill of Rights Act 1990
Section 3(b) of the New Zealand Bill of Rights Act 1990 applies to the following persons when performing functions under this Act or in relation to a charter school contract:
a: a sponsor:
b: a person employed or engaged to work in the school by a sponsor. 1989 No 80 s 158W
212ZJ: Application of Official Information Act 1982 to sponsor
1: The Official Information Act 1982 does not apply to a sponsor if the sponsor is performing or exercising its functions, duties, or powers under this Act or the relevant charter school contract.
2: However, if the sponsor is an institution, the Official Information Act 1982 applies unless the institution is performing its functions as a sponsor under this Act or a charter school contract. 1989 No 80 s 158Y
212ZK: Application of Public Service Act 2020 to sponsor that is institution
The Public Service Act 2020 does not apply to an institution that is a sponsor if the institution is performing or exercising its functions, duties, or powers as a sponsor under this Act or the relevant charter school contract. 1989 No 80 s 158Z
42: Section 237 amended (Enrolment records)
1: Replace section 237(1)
1: The following persons must ensure that an enrolment record in the form and containing the information that may be specified in rules made under subsection (3) is kept for each student who is enrolled at the school:
a: the principal of a State school:
b: the person responsible for teaching and learning in a charter school:
c: a manager of a private school.
2: In section 237(2) principal , or person responsible for teaching and learning, or manager
3: In section 237(3)(a) and (b) principals , persons responsible for teaching and learning, and managers
4: In section 237(4) A principal of a registered school The persons referred to in subsection (1)
43: New section 237A inserted (Attendance records)
After section 237
237A: Attendance records
1: The principal of a State school must ensure that an attendance record is kept for each student who is enrolled at the school.
2: The attendance record must be in the form and contain the information specified in rules made under subsection (3).
3: The Secretary may make rules setting out administrative and procedural requirements relating to attendance records, including (without limitation) rules—
a: specifying the form and content of attendance records:
b: relating to the collection, storage, and disclosure of information contained in attendance records:
c: specifying the circumstances in which any exceptions to any general requirements for specific school types may be made.
4: A principal of a State school must comply with rules made under subsection (3).
5: Rules made under this section are secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 s 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
44: Section 248 amended (Fines to be paid to board)
1: Replace the heading to section 248 Fines to be paid to board or sponsor
2: In section 248 board or sponsor
45: Section 490 amended (Mandatory reporting of complaints received about former employees)
After section 490(2)
3: This section does not apply to a complaint received by a sponsor in relation to the competence of a former employee who held a limited authority to teach.
46: Section 492 amended (Mandatory reporting of failure to reach required level of competence)
After section 492(2)
3: This section does not apply to a sponsor in relation to an employee who holds a limited authority to teach.
47: Section 497 amended (Powers of Complaints Assessment Committee)
After section 497(2)
2A: Subsection (2)(b) does not apply to an employee in a charter school who holds a limited authority to teach.
48: Section 500 amended (Powers of Disciplinary Tribunal)
After section 500(1)
1A: Despite subsection (1)(a), the Disciplinary Tribunal may not refer an employee in a charter school who holds a limited authority to teach to a competency review.
49: New section 504A inserted (Application of competence provisions to holders of limited authority to teach in charter schools)
After section 504
504A: Application of competence provisions to holders of limited authority to teach in charter schools
Sections 506 to 509 do not apply to an employee in a charter school who holds a limited authority to teach.
50: Section 519 amended (Enrolment of international students)
1: In section 519(1) and (2) State school or a charter school
2: In section 519(1) board’s or sponsor’s
3: In section 519(3) board or sponsor
4: In section 519(5) and (6) State school or a charter school
5: In section 519(7)
a: after State school or charter school
b: after board or sponsor
6: In section 519(8) and (9)
a: after State school or charter school
b: after principal or person responsible for teaching and learning in a charter school
7: In section 519(9)(a) board or the sponsor
51: Section 520 amended (Certain international students may enrol at State schools as of right)
1: In the heading to section 520 State schools or charter schools
2: In section 520(1) State schools or charter schools
52: Section 521 amended (Fees for international students)
1: In section 521(1) and (2)
a: after State school or a charter school
b: after board or the sponsor
c: after board’s or the sponsor’s
2: In section 521(3)
a: after State school or charter school
b: after board or sponsor
3: In section 521(4) board’s or sponsor’s
4: In section 521(5) board or sponsor
5: In section 521(6)
a: after board or sponsor
b: after board’s or sponsor’s
6: In section 521(7)
a: after State school or charter school
b: after board or sponsor
c: after board’s or sponsor’s
53: Section 523 amended (Board must reimburse the Crown for expenditure relating to international students)
1: In the heading to section 523 Board or sponsor
2: Replace section 523(1)
1: The Minister must, by notice, set fees to be paid by the following:
a: boards in respect of international students enrolled at State schools:
b: sponsors in respect of international students enrolled at charter schools.
3: After section 523(2)(a)
aa: all charter schools, charter schools of a specified kind or description, or specified charter schools:
4: In section 523(3)
a: after State school or charter school
b: after board or sponsor
54: Section 524 amended (Courses for international students)
In section 524(1) board of a State school , the sponsor,
55: Section 524A amended (Withdrawal of approval of course for international students)
1: In section 524A(1)
a: after board of a State school , the sponsor,
b: after giving the board , the sponsor,
2: In section 524(3) and (4) board , the sponsor,
56: Section 548A replaced (Data accessed by Ministry under Data and Statistics Act 2022)
Replace section 548A
548A: Data accessed by Ministry under Data and Statistics Act 2022
1: This section applies despite section 54(1)(c) of the Data and Statistics Act 2022.
2: The Ministry may, if the criteria specified in this section are met, publish or otherwise disclose the following data accessed under Part 5 of the Data and Statistics Act 2022 in a form that may identify an individual or an organisation: Early childhood services
a: data relating to the socio-economic status of children attending early childhood services and their families, but only if—
i: the data is published or disclosed at the level of an early childhood service; and
ii: the publication or other disclosure is for the purpose of assisting the Ministry to develop or use tools relating to the provision of funding to early childhood services under this Act; and
iii: the data does not include personal information, unless the service provider of the early childhood service, who is an individual, has consented to the publication or disclosure of information regarding the service they operate: Charter schools
b: data relating to the socio-economic status of children attending the charter school and their families, but only if—
i: the data is published or disclosed at the level of a charter school; and
ii: the publication or other disclosure is for the purpose of assisting the Ministry to develop or use tools relating to the provision of funding to charter schools or to enable performance measurement of charter schools under this Act.
3: In this section,— organisation personal information
57: New section 601A inserted (Lawful instruction regarding charter school services)
After section 601
601A: Lawful instruction regarding charter school services
1: The board of a State school may require a person employed by the board at the school to provide services to a charter school (a recipient school
2: This section overrides anything to the contrary in—
a: the Employment Relations Act 2000; and
b: a relevant employment agreement.
58: Section 619 amended (Secretary may require information for administration of Act)
After section 619(1)(a)
aa: the sponsor:
59: Section 636 amended (Regulations relating to early childhood services)
Repeal section 636(1)(a)
60: Section 638 amended (Regulations relating to how schools must be run)
1: Replace section 638(2)(b)
b: give powers to, or impose duties on, the following:
i: boards or principals (or both):
ii: sponsors or persons responsible for teaching and learning in charter schools (or both):
2: In section 638(2)(c) boards or sponsors
3: In section 638(2)(e) schools (other than charter schools)
61: New section 651A inserted (Regulations relating to applications to operate charter schools)
After section 651
651A: Regulations relating to applications to operate charter schools
1: The Governor-General may, by Order in Council, make regulations prescribing, or providing for the fixing of, the fee payable for an application made under section 212F
2: Regulations made under this section are secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
62: Section 659 amended (Power of boards to close schools)
1: In the heading to section 659 boards and sponsors
2: In section 659(1), (3), and (4) board or a sponsor
63: Schedule 1 amended
1: In Schedule 1, Part 1, repeal subpart 2
2: In Schedule 1
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
64: Schedule 3 amended
1: In Schedule 3, clause 14
2: Despite subclause (1), a sponsor may employ a person in a charter school who has been granted a limited authority to teach under clause 16(1A)
2: In Schedule 3, after clause 16(1)
1A: Despite subclause (1), the Teaching Council must grant a limited authority to teach if—
a: the application relates to teaching in 1 or more charter schools; and
b: the Teaching Council considers that the applicant—
i: is of a suitable disposition: and
ii: has the skills and experience appropriate to advance the learning of a student or group of students.
3: In Schedule 3, clause 17(1)(a) clause 16(1) or (1A)
65: Schedule 4 amended
1: In Schedule 4, clause 9(1)
a: after board of a State school , the sponsor,
b: replace whom the board or the managers appoints whom the board, the sponsor, or the managers appoints
2: In Schedule 4, clause 9(2) and (3) board , the sponsor,
3: In Schedule 4, clause 10(1) board of a State school , the sponsor,
4: In Schedule 4, clause 10(1A) and (1B) board , the sponsor,
5: In Schedule 4, clauses 12(1) 13 board of a State school , the sponsor,
66: Schedule 5 amended
In Schedule 5, after clause 1(2)(c)
d: charter schools.
67: New Schedules 6A and 6B inserted
After Schedule 6 Schedules 6A and 6B Schedules 2 3
68: Schedule 8 amended
1: In Schedule 8, after clause 1(1)(a)(i)
ia: a sponsor of a secondary school or a composite school:
2: In Schedule 8, after clause 5(a)
aa: a sponsor of a secondary school or a composite school:
3: In Schedule 8, after clause 6(2)(a)
aa: a sponsor of a secondary school or a composite school:
2: Amendments to other legislation and revocation
Amendment to Local Government (Rating) Act 2002
69: Principal Act
Section 70 Local Government (Rating) Act 2002 2024-10-01 Local Government (Rating) Act 2002
70: Schedule 1 amended
In Schedule 1, Part 1
fa: a charter school, except a charter school that operates for profit: Amendment to Ombudsmen Act 1975
71: Principal Act
Section 72 Ombudsmen Act 1975 2024-10-01 Ombudsmen Act 1975
72: Schedule 1 amended
In Schedule 1, Part 2 Charter Schools Authorisation Board established under section 212A of the Education and Training Act 2020 Sponsor as defined in section 10(1) of the Education and Training Act 2020 Amendment to Public Audit Act 2001
73: Principal Act
Section 74 Public Audit Act 2001 2024-10-01 Public Audit Act 2001
74: Schedule 1 amended
In Schedule 1 Charter Schools Authorisation Board established under section 212A of the Education and Training Act 2020 Amendment to Public Records Act 2005
75: Principal Act
Section 76 Public Records Act 2005 2024-10-01 Public Records Act 2005
76: Section 4 amended (Interpretation)
In section 4 public office
xb: the Charter Schools Authorisation Board established under section 212A Consequential amendments and revocation
77: Consequential amendments
Amend the legislation specified in Schedule 4 2024-10-01 Children’s Act 2014 Education (Early Childhood Services) Regulations 2008 Education (School Boards) Regulations 2020 Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 Section 77 editorial change 21 November 2024 sections 86(1) 87(l)(iii) Legislation Act 2019
78: Revocation
The Education (Early Childhood Services Network Approval) Regulations 2022 2024-10-01 Education (Early Childhood Services Network Approval) Regulations 2022