These guidelines are designed to assist school boards, principals, and teachers with their legal options and duties and meet their obligations under:

• Sections 79-89 of the Education and Training Act 2020, and
• The Education (Stand-down, Suspension, Exclusion and Expulsion) Rules 1999.

These guidelines are not legal advice and are designed for information purposes only. For specific advice tailored to your situation, seek professional legal advice. Stand down, suspension, exclusion and expulsion processes and decision-making powers is strictly limited and carefully governed by legislation. Use of these powers are subject to review by the Ombudsman and can be judicially reviewed.

All other obligations under the Education and Training Act 2020 apply, including for school boards to ensure that schools are physically, emotionally and culturally safe for all students and staff, inclusive of students with differing needs, seek to achieve equitable outcomes for ākonga Māori and take reasonable steps to ensure that the school policies and practices reflect New Zealand’s cultural diversity. 

All children and young people have the right to an education, and principals and boards making stand down, suspension, exclusion and expulsion decisions must apply a considered and cautious approach as they are actions of last resort.

These guidelines apply across all state and state-integrated schools, as well as to charter schools.

Guidelines and legislation#

Section 78 of the Education and Training Act states that the purpose of a stand down, suspension, exclusion or expulsion of a domestic student from a state school or charter school is to:

• provide a range of responses for cases of varying degrees or seriousness
• minimise the disruption to student attendance at school and facilitate the return of the student to school when that is appropriate
• ensure that individual cases are dealt with in accordance with the principles of natural justice.

The stand down, suspension, exclusion and expulsion legislation is outlined in:

• Sections 79-89 of the Education and Training Act 2020 (the Act) and
• The Education (Stand down, Suspension, Exclusion and Expulsion) Rules 1999 (the Rules).