Education Law

The law of education is governed by the Education Act, 1989 and a plethora of Act and Regulations.  Since 1989, there has also been a body of case law that has grown out of a variety of education issues tested in our courts, including things like suspensions and expulsion   

What does the Education Act, 1989 cover?  

The Act applies to all state (not private) education – preschool, school (primary/secondary) and tertiary. Private schools operate differently - typically by contract between the school and family. It follows that a private school is not bound to follow the suspension and expulsion rules laid out in the Act and its regulations: a student can be removed summarily for a serious breach of discipline and without any recourse. My work straddles education issues both in the private and state school sectors. Since 1989 and the introduction of what was then called “Tomorrows Schools” schools have been operated by a Board of Trustees (elected by the community) which is required to govern and set policy. It is led by the school principal, who, like a CEO in business, is responsible for all day to day management within the school, reporting directly to the Board. Importantly all employment, financial and property matters are the responsibility of the Board, who can delegate some of its investigative and reporting responsibilities, to the Principal, but not its decision-making powers. Unsurprisingly, the divide between governance and management has been a fertile area for dispute and dysfunction and on numerous occasions over the years has led to the Secretary of Education dismissing a poorly performing board and appointing in its stead a Commissioner with set goals and responsibilities  pending the election of a new Board. 

How can a person versed in education law help me?  

The law has become highly specialised and education law is no exception.  In addition to the Education Act and its complicated workings, a good practitioner will have an understanding of other laws that directly impact on the education sector such as: the State Sectors Act, the Employment Relations Act, 19  , the Bill of Rights Act, 19 , the Human Rights Act,   the Privacy Act, the Care of children Act, 2004, the Children, Young Persons and their Families Act  - to name a few. The easiest way to comprehend the complexities arising is to consider schools and their communities as entities and parties, subject to all the laws of New Zealand. So, it is then that a good education lawyer may need to recommend other specialised professionals such as accounting and financial advisers even other lawyers too, who specialise in things like commercial and property law.