Adding a Purpose Provision for Part 12

Part 12 of the Education Act sets out the process for the Minister of Education to manage the state schooling network, including the processes for opening, closing and merging schools. While it provides for a range of school types, this part of the Act has never had a clear purpose provision.

A purpose provision has been added to Part 12 of the Education Act 1989 (the Act) to guide the Minister’s decisions when establishing, disestablishing and making other changes to the structure and type of schools.

This will improve understanding of the trade-offs that are sometimes needed when making decisions on changes to schooling provision. The purpose provision provides context and sets out the goals and objectives of this Part of the Act.

What’s the change?

A new purpose provision sets out the objectives for Part 12 of the Act.

These are to:

  • enable the provision of a schooling network that assists parents to meet their obligations to enrol their children at school
  • assist the efficient and effective use of the Government’s investment in schooling
  • recognise the role of diversity in the provision of schooling, including the provision of Māori-medium education.

Does this change give the Minister or the Ministry more power?

No. This purpose provision does not create any new powers for the Minister of Education or the Secretary for Education.

How will this change affect schools and kura?

This change places no extra responsibilities or requirements on schools and kura.

Where is the purpose provision for Part 12 located in the Act?

Section 145AAA outlines the purpose of Part 12.

When do the changes take effect?

This change took effect on 19 May 2017

Link to key provisions

Section 145AAA, Education Act 1989 — NZ Legislation website (external link)

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