Education and the law

Leaders can develop and expand their understanding of how the law applies to education in New Zealand through these case studies of actual school situations.

Governance

Included within this section are examples of how the law applies to situations involving the board of trustees.

Care of Children Act 2004

The aim of the Act is to modernise the law regarding guardianship and care of children so that it effectively promotes the interest of children and satisfies the needs of all New Zealand families.

Custodial and guardianship issues

Schools often deal with a number of outside organisations (CYFS, police, counsel for child) to do with children's custody, family court orders, and guardianship issues. This information includes a description of some of these groups and their rights and responsibilities, and some guidelines for schools in their interaction and obligations when meeting with them.

by Sarah Bush, solicitor, Gubb & Partners

Privacy in schools: a guide to the Privacy Act for principals, teachers and boards of trustees

This book, published by the Office of the Privacy Commissioner, is available for download. Written by leading New Zealand privacy lawyer Kathryn Dalziel and published by the Privacy Commissioner, it gives practical advice to schools about how the Privacy Act works.

Bullying

This section gives some background to bullying in New Zealand schools and outlines some case studies of bullying, with some of the options available and legal advice.

Student management

Articles related to management of students.

Personnel management

Articles related to personnel management.

School and community relationships

Articles related to school and community relationships.

Resource management

Articles related to resource management.

Teacher discipline

Serious misconduct and misconduct

There is no one way to approach disciplinary issues. However, the way you handle these difficult situations can have significant legal consequences for your institution. One important disclaimer: This is only a general overview. Specific matters should be referred to the New Zealand School Trustees Association or to your legal adviser.

The material for this folio was assembled by Simon Mitchell and Paul Pa'u.

Workplace stress

Articles related to workplace stress.

Natural justice

The terms ‘natural justice’ or 'principles of natural justice' are often bandied around schools, particularly in relation to student disciplinary matters and employment issues.

Quasi-judicial officers

Articles related to quasi-judicial officers.

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