Code of conduct for school board members

Guidance and requirements for code of conduct for board members. The code of conduct applies to all members of state and state integrated school boards.

Level of compliance Main audience Other

Required

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  • Boards
  • Principals and tumuaki
  • Parents, caregivers and whānau
  • Proprietors

Section 166 of the Education and Training Act 2020 (the Act) allows the Minister to issue a code of conduct for school board members of all state and state-integrated school boards.

The code sets out minimum standards of conduct that each board member is required to meet.

The code of conduct came into effect for all board members on 21 June 2023.

Overview

As a member of a school board, you are required to meet the minimum standards of conduct as set out in the code of conduct.

The code of conduct requirements is for each individual board member, not the board as a group.

The board, as a group, must meet the primary objectives as outlined in section 127 of the Education and Training Act 2020 and all other legal obligations placed on the board.

The code of conduct is available in different languages: 

Webpage summary

A summary of this webpage is available here:

Code of Conduct webpage summary (New Zealand Sign Language):

What is the code of conduct?

The code of conduct was developed together with national bodies representing the interests of boards and other education organisations.  It outlines the minimum standards of conduct that individual board members are required to meet in their role as a member of a school board. 

Individual school boards can decide to add to the minimum standards, as long as any additions do not go against the code issued by the Minister. 

The code of conduct will give board members a common basis to work from and encourages good board practice.  

The code of conduct applies to all members of state and state-integrated school boards. 

Adding to the code of conduct  

Individual boards of schools and kura can decide to add to the minimum standards set out in the code to better reflect the culture and context of their school and community.

This must be done by a board resolution. Any additional standards must be consistent with the minimum standards, requirements under the Education and Training Act 2020, and any other New Zealand legislation.

If a board chooses to add to the code, then this expanded version becomes the code of conduct for the individual board. 

Sanctions for failure to comply with the code of conduct

There are penalties for failing to comply with the code of conduct. There are sanctions that may apply to a board member (other than the principal) if the board member has significantly or persistently breached the code. 

If a board considers a member has breached the code, then the board may censure a member. A censure is an internal board process. The board needs to pass a resolution that the member is to be censured due to a breach of the code. The resolution must be formally recorded in the meeting minutes.

The board may also request, in writing, that the Minister remove a board member for significant or persistent breaches of the code. If your board is considering this action, please contact your local Ministry of Education office.  

These sanctions do not apply to a principal. Issues relating to the principal should be addressed by the board through employment mechanisms. 

Natural justice principles 

When considering a sanction, the principles of natural justice apply. This includes that:

  • the board must act fairly and reasonably,
  • the member has the right to know what behaviour it is proposed they are sanctioned for, and
  • decisions should be made using fair processes.  

Next steps for the board 

All board members must be made aware of the code of conduct for board members. There is no need for board members to sign anything as once this comes into effect, this applies to all board members. 

Consider if the board wishes to add additional standards to the code (augment the code under section 167).

Your board can contact the New Zealand School Trustees Association (NZSTA) for help with your next steps.

Supporting legislation

Section 166, Education and Training Act 2020: 

Code of conduct for board members – New Zealand Legislation(external link) 

Section 167, Education and Training Act 2020: 

Boards may augment code of conduct – New Zealand Legislation(external link) 

Section 168, Education and Training Act 2020: 

Board members must comply with code of conduct – New Zealand Legislation(external link) 

Section 169, Education and Training Act 2020: 

Sanctions for failures to comply with code of conduct – New Zealand Legislation(external link) 

Support for your board

NZSTA is available to provide advice and support to school boards.

Email NZSTA at electionsadvice@nzsta.org.nz or call 0800 782 435.

Advice and support – NZSTA(external link)

Resource centre – NZSTA(external link)

Support for boards

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